Slashdot Mirror

← Back to Stories (view on slashdot.org)

Fourth Amendment Protects Hosted E-mail

Posted by kdawson on from the decade-overdue dept.

Okian Warrior writes "As reported on the EFF website, today the US Court of Appeals for the Sixth Circuit ruled that the contents of the messages in an email inbox hosted on a provider's servers are protected by the Fourth Amendment, even though the messages are accessible to an email provider. As the court puts it, 'The government may not compel a commercial ISP to turn over the contents of a subscriber's emails without first obtaining a warrant based on probable cause.'"

7 of 236 comments (clear)

  1. Since when has the law meant anything? by igreaterthanu · · Score: 4, Insightful

    Just because it is illegal means nothing.

    --
    I dream of a nation where a man is not judged by his skin color but by an number assigned by a credit rating agency.
  2. Re:ISPs only by windcask · · Score: 3, Insightful

    This would apply to hosted services, free or paid, as well, such as Gmail or Yahoo.

    Maybe I'm being ridiculous, but I'd be more comfortable with the federal government reading my mail than Google.

  3. But what does this mean for me? by Tanman · · Score: 3, Insightful

    Can I submit a formal request that demands my email provider not release any of my emails without being forced by warrant. If I can't stop voluntary compliance, then this is not very helpful anyway. In other words, we need the supreme court to rule that it is illegal for the host to disclose my emails without a warrant or this doesn't help in any meaningful way.

  4. Re:Here's a comes a 5-4 Supreme Court ruling by Miamicanes · · Score: 4, Insightful

    Er, maybe I'm just cynical, but it (unfortunately) seems like both parties are willing to throw civil liberties under the bus when they think it's important; they differ mainly with regard to what they think is important. Call it a cynical hunch, but I suspect that if Obama were to appoint Janet Reno (Bill Clinton's attorney general) to the Supreme Court, she wouldn't be terribly eager to rein in the might of the federal government or limit the scope of its authority, and she's quite far to the left.

  5. Fourth Amendment Protects Hosted E-mail by countertrolling · · Score: 1, Insightful

    Until another judge, or five come along and say it doesn't.

    --
    For justice, we must go to Don Corleone
  6. Re:ISPs only by BitterOak · · Score: 4, Insightful

    This would apply to hosted services, free or paid, as well, such as Gmail or Yahoo.

    Maybe I'm being ridiculous, but I'd be more comfortable with the federal government reading my mail than Google.

    Really? Google doesn't have the power to prosecute you based on the contents of your e-mail, and deprive you of your liberty.

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  7. Re:ISPs only by Anonymous Coward · · Score: 5, Insightful

    Then you would be a fool.