Fergie's Tech Blog

Appeals Court Says Feds Need Warrants to Search E-Mail

Luke O'Brien writes on Threat Level:

A federal appeals court on Monday ruled that e-mail users have privacy rights that prohibit federal agencies from conducting warrantless searches of electronic correspondence during investigations, a practice that has been allowed for 20 years.

The ruling by the Sixth U.S. Circuit Court of Appeals in Ohio upholds a lower court ruling that placed a temporary injunction on e-mail searches in a fraud investigation against Steven Warshak, who runs a supplements company best known for a male enhancement product called Enzyte. Warshak hawks Enzyte using "Smiling Bob" ads that have gained some notoriety.

The case boiled down to a Fourth Amendment argument, in which Warshak contended that the government overstepped its constitutional reach when it searched and seized e-mail records from his internet service providers. Under the federal Stored Communications Act (SCA), the government has regularly obtained e-mail from third parties without the right court orders.

posted by Fergie @ 6/18/2007 02:28:00 PM