Even email #privacy is protected under 4th Amendment

Big news yesterday out of the 6th Circuit Court of Appeals: email is protected by the 4th Amendment.

The government needs a warrant now, not simply a court order, to go snooping around your email via your ISP. The court ruled that ISPs are “the functional equivalent of a post office or a telephone company,” but I think this is more apt:

“Given the fundamental similarities between e-mail and traditional forms of communication, it would defy common sense to afford e-mails lesser Fourth Amendment protection.”

Yes. That’s correct. The phrase “common sense,” actually “defy common sense,” is used. A rarity for common sense to be applied to law at any level, so it is especially heartening and exciting.

There’s more details on ArsTechnica, and the EFF, of course, including a link to the case, U.S. v. Warshak. Give it a read. Give all of it a read.

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One Response to Even email #privacy is protected under 4th Amendment

  1. Common sense is what tells you that the sun circles the Earth.

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