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.