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: CYB3RCRIM3

Court Finds Stored Emails Private under the 4th Amendment

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This isn't a post . . . it's a news flash about a recent decision of the U.S. Court of Appeals for the 6th Circuit.

Two years ago, I did a post noting that the 6th Circuit backed off from an earlier decision in which it held that individuals have a 4th Amendment expectation of privacy in the contents of emails they leave stored with an ISP, such as Yahoo! As I noted in that post, the court didn't reject that proposition; it merely held that the decision reaching that issue was premature.

The 6th Circuit just issued a new opinion, one in which it properly addresses that issue and in which it holds that individuals have a 4th Amendment expectation of privacy in stored emails. I'll probably do a post on it later, when I've had time to read and digest the opinion.

In the meantime, you can find it here, if you're interested.

Full post as published by CYB3RCRIM3 on December 15, 2010 (boomark / email).

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