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D.D.C.: SW to e-mail provider does not require notice to account holder

By John Wesley Hall, Jr.

A search warrant for information about an e-mail account does not require notice to the account holder, just the provider. Application for Warrant for E-mail Account [Redacted]@gmail.com, No. 10-291-M-01 (November 1, 2010): In the absence of textual or legislative guidance, this Court concludes that all of Rule 41’s procedural provisions apply to Section 2703(b)(1)(A), including Rule 41(f)(1)(C). As described below, however, 41(f)(1)(C) is satisfied by leaving a copy of the warrant with a third-party ISP. Magistrate Judge Facciola’s Memorandum Order refers to “the notice thus required by Rule 41.” Mem. Order at 7. As the government notes, however, the relevant portion of Rule 41 does not include the word “notice...continue to full post

Full post as published by Fourth Amendment on November 03, 2010 (boomark / email).