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Account holder has right to e-mail privacy, Sixth Circuit rules.

Publication: Trial
Publication Date: 01-OCT-07 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Sixth Circuit has become the first federal appeals court to rule that e-mail users have a reasonable expectation of privacy regarding messages they send and store with commercial Internet service providers (ISPs), finding important flaws in the federal statute that details procedures for the government to access stored electronic information in criminal investigations. (Warshak v. United States, 490 F.3d 455 (6th Cir. 2007).)

The court held that the Fourth Amendment's search and seizure protections apply to such information and that the government can't access the messages without either obtaining a warrant or providing notice to the e-mail account...

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