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And, yes, I DO take it personally: Warrants required for Feds to read our emails
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Tuesday, December 14, 2010

Warrants required for Feds to read our emails

i'll take all the good news i can get... it's pretty scarce these days...

After many years of legal uncertainty, a federal appeals court has finally declared that emails have the same Fourth Amendment protections as regular mail and telephone calls.

"Given the fundamental similarities between email and traditional forms of communication, it would defy common sense to afford emails lesser Fourth Amendment protection," the Sixth Circuit Court of Appeals ruled (PDF).

If the ruling is not overturned by the Supreme Court, it will put an end to the practice of law enforcement agents using court orders, rather than warrants, to gain access to emails. Court orders require a much lower standard than warrants.

Kevin Bankston of the digital rights group EFF told he expects Internet service providers will comply with the ruling, meaning they will start requesting warrants when law enforcement requests access to emails.

Privacy advocates say law enforcement has been using a loophole in the 1986 Stored Communications Act to get emails without a warrant. Under that law, information stored on servers is subject only to a court order.

every once in a while, the courts remember that the 4th amendment is actually part of the constitution...

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