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E-mails are protected by Fourth Amendment, says court

Written by Andre Yoskowitz (Google+) @ 14 Dec 2010 19:26 User comments (11)

E-mails are protected by Fourth Amendment, says court A US Sixth Circuit Court of Appeals has ruled this week that email is protected by the Fourth Amendment and that the government will need a search warrant to "intercept" and read emails.
Email communication is similar to traditional communication methods like phone calls, and users still have a reasonable expectation of privacy online, said the court.

The decision reads:
"Given the fundamental similarities between email and traditional forms of communication, it would defy common sense to afford emails lesser Fourth Amendment protection. It follows that email requires strong protection under the Fourth Amendment; otherwise the Fourth Amendment would prove an ineffective guardian of private communication, an essential purpose it has long been recognized to serve... [T]he police may not storm the post office and intercept a letter, and they are likewise forbidden from using the phone system to make a clandestine recording of a telephone call--unless they get a warrant, that is."


Stephen Warshak, the appellant, has effectively had a previous verdict now overturned, as all evidence is now invalid.

The Department of Justice had forced Warshak's email provider to intercept and monitor his emails and the EFF and other privacy advocates claimed it amounted to an illegal wiretap.

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11 user comments

114.12.2010 19:27

For great justice!

214.12.2010 20:23

in this day and age were we are constantly under attack by our own government,It;s nice to see that the common person still has some rights! Politicians are no longer public servants, rather they are government employees :(

314.12.2010 22:36

I thought all Politicians worked for whoever paid them the most bribes?

It is great to see this...now the government would have to break the law to read your email...[sarcasm]and we all know that the government would never break the law.[/sarcasm]



414.12.2010 22:49

Originally posted by KillerBug:
I thought all Politicians worked for whoever paid them the most bribes?

It is great to see this...now the government would have to break the law to read your email...[sarcasm]and we all know that the government would never break the law.[/sarcasm]
BUG, while there has always been corruption. the politicians in the past 30 some years have become beholden to the special interest groups(whom ever they may be. Once there we're people who went into government with the intention to contribute to our country. Now it's all about how to get elected and then how to remain in office. All great civilizations begin to fade once they forget it's citizens.

515.12.2010 5:30

if you were doing something illegal,whether by ect phone,email,letters.once police get proof your doing something ilegal,I think it wouldn't matter what made them suspicious as long as they had hard evidence you'd still get done.people could be reading through your emails,listening to your phone conversations,opening your letters reading them and resealing them.We dont know whether they are or not only thing we know is they cant use any information obtained through illegal tapping in court.


custom built gaming pc from early 2010,ps2 with 15 games all original,ps3 500gbs with 5 games all original,yamaha amp and 5.1channel surround sound speakers,46inch sony lcd smart tv.

615.12.2010 11:09

They can legally wiretap you for 72 hours (I believe) before they need a warrant. Even then...the judges that issue these warrants seem to mostly be just rubber stamp judges. This really isn't much in the way of protection. At best it would just prevent automated systems from sorting through every piece of email. At worst, the automated systems that do this will most likely be running whether illegal or illegally by our various high level policing agencies. I have trouble believing they would shut down systems like Carnivore just because they were deemed unconstitutional.

...and maybe I'm just cynical, but I don't believe this special interest influence is getting worse...I think more people are just becoming more aware because more mainstream media figures are pointing it out more.

716.12.2010 11:42

Does anybody find it ironic that Stephen Warshak, the male enhancement huckster, may get a 'shorter' sentence ???

816.12.2010 15:27

Ya but the 4th can be mitigated in so many ways these days...


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.

---
Check out my crappy creations
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916.12.2010 16:22

Originally posted by ZippyDSM:
Ya but the 4th can be mitigated in so many ways these days...
Doesn't do his male enhancement any good ;->

1018.12.2010 19:51

Originally posted by ZippyDSM:
Ya but the 4th can be mitigated in so many ways these days...
Hey zippy! I love that part of your signature about lobbying being a hanging offence...the bible talks about governments being corrupt to their core if they receive gifts for influence.

1118.12.2010 20:21

Originally posted by SoulGLOW:
Originally posted by ZippyDSM:
Ya but the 4th can be mitigated in so many ways these days...
Hey zippy! I love that part of your signature about lobbying being a hanging offence...the bible talks about governments being corrupt to their core if they receive gifts for influence.
It also talks how to treat your salves and random bi polar analogies covering the same subject in 4 or 5 stark ways. Tho I suppose content to the times we are in(IE no slaves, no specific gender roles(which is funny since females were higher in the church till the church got off the ground).

Meh the bible main trouble is people no able to see things in modern context, they still think the old testament should be held tightly too when Christ went through all the trouble of releasing us all(worshiping him or not) from that living hell.

You can't go go back and do do overs.... well... not unless bible thumb...

*sigh*

Anyway modern politics boils down to just how much trouble one can get into before being tossed out and sent to the Oscars at our expense. There is a reason why the founding fathers saw fit to separate the influence of the church and the state(tho the current level of PC zero thought puke is sicking).

The reason that government needed a buffer from religion is un due influence form huge powerful organizations that just love to slight each other as much as they can.

Now we have modern times when religion is more a hobby than a corner stone of law and life so its influence is diminished by normal advancements in society like reading and writing and fast communication via TV,internet,ect.

And within modern times we have a much larger threat and is the un due influence money and large nation sized or bigger conglomerates can bring. Its simple all money that goes into government even to candidates MUST BE CLEANED first, IE it can not come from any questionable source. A company is not a individualize and may not donate to any political campaign, all individuals are limit to 200$ per person, all state and nation wide campaigns put money into a pot they all share in, and the one that makes the most sense wins.

Now anyone can make a political ad but if you donate more than 200$ you become a felon and not only made not ever serve in office but can not vote either. Also everyone gets 1 term, you get one go at being president/VP, at being a senator, at being a Representative, at being governor at being an adviser, lobbyist(did I mention lobbying should be banned?) or contractor with any government tied agency or company.

The only double dipping you can do is being a member of someones cabinet or campaign , external advisory,contractor ect is one year then you have to do it for free or not do it at all, and no you do not need to be anywhere in person so NO...stop wasting our time and money stupid government!!.

I think you found the magical zippy buttun that gives free cany and ramblely wambely jibiersh 0-o
This message has been edited since its posting. Latest edit was made on 18 Dec 2010 @ 20:24

Copyright infringement is nothing more than civil disobedience to a bad set of laws. Lets renegotiate them.

---
Check out my crappy creations
http://zippydsmlee.deviantart.com/

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