Wednesday, December 15, 2010
After many years of legal uncertainty, a federal appeals court has finally declared that emails have the same Fourth Amendment protections as regular mail and telephone calls.
"Given the fundamental similarities between email and traditional forms of communication, it would defy common sense to afford emails lesser Fourth Amendment protection," the Sixth Circuit Court of Appeals ruled (PDF).
If the ruling is not overturned by the Supreme Court, it will put an end to the practice of law enforcement agents using court orders, rather than warrants, to gain access to emails. Court orders require a much lower standard than warrants.'
Posted by DotConnector at 08:55