By Allan Holmes | Tuesday, June 19, 2007 | 09:20 AM
A U.S. federal court ruled yesterday that law enforcement agents must obtain a warrant to seize private e-mails, much like warrants must be obtained to listen in on private telephone conversations, according to an Associated Press report.
From the article:
The ruling stems from a fraud investigation against Steven Warshak, owner and president of Berkeley Premium Nutraceuticals, an herbal supplement company known for its "Smiling Bob" ads.Warshak, whose company markets supplements that include a "natural male enhancement" product called Enzyte, argued that his Fourth Amendment protections against unreasonable searches and seizures were violated when the government went after his e-mail records.
The appeals court said the lower court correctly reasoned that e-mails stored at a service provider "were roughly analogous to sealed letters, in which the sender maintains an expectation of privacy. This privacy interest requires that law enforcement officials obtain a warrant, based on a showing of probable cause."
National Public Radio's Morning Edition reported on the ruling, calling it a "very significant case."
Comments
I am wondering what you mean in commenting the case should have no bearing on status of emails in government computers. But it may? Just not used as a precedent yet? Anyone, government or not, should need probable cause to seize ones mail of any kind. It is a federal offense to tamper with a mail box. Why should an electronic mailbox be any different? Why would email on a government computer be any different in respect to privacy than mail in a mailbox protected by federal privacy law. You can't completely control what mail is sent to you via email.
JACKSON | Wednesday, June 20, 2007 | 02:55 PMFollowing up on Don's remark, I suspect the same parallel caution applies to employees in the private sector, where the computer resources within the office are company property.
And... | Wednesday, June 20, 2007 | 07:05 AME-mail users should be warned. This case should have absolutely no bearing on the status of e-mails in government computers and e-mail systems. Thusfar, precedence places these e-mails in the realm of federal government property.
Don | Tuesday, June 19, 2007 | 02:43 PMABOUT THIS BLOG
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