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Breaking News on EFF Victory: Appeals Court Holds that Email Privacy Protected by Fourth Amendment

Breaking News on EFF Victory: Appeals Court Holds that Email Privacy Protected by Fourth Amendment
In a landmark decision issued today in the criminal appeal of U.S. v. Warshak, the Sixth Circuit Court of Appeals has ruled that the government must have a search warrant before it can secretly seize and search emails stored by email service providers. Closely tracking arguments made by EFF in its amicus brief, the court found that email users have the same reasonable expectation of privacy in their stored email as they do in their phone calls and postal mail. EFF filed a similar amicus brief with the 6th Circuit in 2006 in a civil suit brought by criminal defendant Warshak against the government for its warrantless seizure of his emails. There, the 6th Circuit agreed with EFF that email users have a Fourth Amendment-protected expectation of privacy in the email they store with their email providers, though that decision was later vacated on procedural grounds. As the Court held today,

https://www.eff.org/deeplinks/2010/12/breaking-news-eff-victory-appeals-court-holds

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Spying On The Home Front What did you do for AT&T? How long did you work there? I worked at AT&T for 22 and a half years. My job was basically to keep the systems going. They were computer systems, network communication systems, Internet equipment, Voice over Internet [Protocol (VoIP)] equipment. I tested circuits long distance across the country.

Can the NSA and CIA use your phone to track your location? July 26, 2011, 12:43 PM — There's no need to panic, or start shopping for aluminum-foil headwear, but the super-secret National Security Agency has apparently been thinking frequently enough about whether the NSA is allowed to intercept location data from cell phones to track U.S. citizens that the agency's chief lawyer was able to speak intelligently about it off the cuff while interviewing for a different job. "There are certain circumstances where that authority may exist," even if the NSA has no warrant to investigate a the person whose privacy it is invading or global permission to eavesdrop on everyone, according to Matthew Olsen, the NSA's general counsel. He didn't come to talk about that particularly; he said it yesterday in response to a question from the Senate Select Committee on Intelligence, which was considering whether he'd be a good choice to run the National Counterterrorism Center. So far, though, no law.

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