background preloader

4th amendment warrant for E-mail required

Facebook Twitter

Breaking News on EFF Victory: Appeals Court Holds that Email Privacy Protected by Fourth Amendment. Warrant Needed to Get Your E-Mail, Appeals Court Says. The government must obtain a court warrant to require internet service providers to turn over stored e-mail to the authorities, a federal appeals court ruled Tuesday.

Warrant Needed to Get Your E-Mail, Appeals Court Says

The decision by the 6th U.S. Circuit Court of Appeals was the first time an appellate court said Americans had that Fourth Amendment protection. “The government may not compel a commercial ISP to turn over the contents of a subscriber’s e-mails without first obtaining a warrant based on probable cause” (.pdf), the appeals court ruled. The decision — one stop short of the Supreme Court — covers Kentucky, Michigan, Ohio and Tennessee. Kevin Bankston, a privacy attorney with the Electronic Frontier Foundation, applauded the decision. Sixth Circuit Rules that E-Mail Protected by the Fourth Amendment Warrant Requirement.