Legal Research

As noted in a previous blog entry on Zief Brief, USF professor Susan Freiwald co-filed an amicus brief in United States v. Warshak [PDF of the 12/14/10 decision], a case in which the Government seized over 27,000 of the defendant's private e-mails without bothering to get a warrant. This week the 6th Circuit issued an important ruling that extends significant constitutional protection for an individuals stored e-mail messages. In addressing the constitutional issues behind their decision the court quoted directly from Fourth Amendment Protection for Stored E-Mail, an article co-authored by Professors Freiwald and Patricia Bellia of Notre Dame School of Law. Professor Freiwald has posted a complete analysis of the decision and its important implications for the future at the blog Concurring Opinions in the post Sixth Circuit Brings Fourth Amendment Protection to Stored Email. Kudos to Prof. Freiwald for the part she played in this process.