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.'"

6 of 236 comments (clear)

  1. oh look by Ryanrule · · Score: 5, Funny

    pig just flew overhead.

  2. What does this really mean? by Entropius · · Score: 5, Interesting

    They can't legally compel them, but they can "request convincingly", I imagine. Does this mean that if the police ask my ISP for my email and my ISP hands the records over without a warrant, any evidence gotten that way is inadmissible? Does it mean I can sue my ISP?

    In a physical search, anyone living in a house can consent to a search of the property. Can Comcast voluntarily consent to a search of their customers' email?

  3. Note only "the contents" by AHuxley · · Score: 5, Informative
    Read e-mail vs track/sort the ip/to/from headers?
    Thats the very old trick that is used. A massive passive database of who is connected to who.
    One person gets a real court sneak and peek letter, anyone one connected gets their email lists sorted
    - who they are connecting to and so on. So if they dont read they can collect all connecting details they want.

    A bit like the NYPD collecting IMEI numbers via an offer to remove a cell phone battery to prevent leakage.
    NYPD tracking cell phone owners.
    Its the number/ip/logs/connections thats interesting long term, the contents can wait.

    --
    Domestic spying is now "Benign Information Gathering"
  4. Re:Hallelujah! by Anonymous Coward · · Score: 5, Funny

    What would you do
    If you were asked to get fondled for freedom?
    What would you do
    If asked to let your junk take the sacrifice?

    Would you think about all them people
    Who gave up everything they had?
    Would you think about all them flight vets
    And would you start to feel bad?

    Freedom isn't free
    It costs folks like you and me
    And if we don't all get fondled
    The terrists will win, they will!
    Freedom isn't free
    No, there's a hefty in' fee.
    And if you don't get scanned by the TSA
    Who will?

  5. Re:ISPs only by maxume · · Score: 5, Informative

    http://mail.google.com/mail/help/legal_notices.html

    --
    Nerd rage is the funniest rage.
  6. Re:ISPs only by Anonymous Coward · · Score: 5, Insightful

    Then you would be a fool.