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 PostPost subject: Appeals Court Says Feds Need Warrants to Search E-Mail        Posted: Wed Jun 20, 2007 2:16 am 
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Quote:
A federal appeals court on Monday issued a landmark decision that holds that e-mail has similar constitutional privacy protections as telephone communications, meaning that federal investigators who search and seize emails without obtaining probable cause warrants will now have to do so.
[...]
The ruling by the Sixth U.S. Circuit Court of Appeals in Ohio upheld a lower court ruling that placed a temporary injunction on e-mail searches in a fraud investigation against Steven Warshak, who runs a supplements company best known for a male enhancement product called Enzyte. Warshak hawks Enzyte using “Smiling Bob” ads that have gained some notoriety.
[...]
There have been no previous constitutional challenges of the SCA, likely because ISPs don’t want to cause trouble and targets of investigations don’t know that their e-mail is being read. “This demonstrates the importance of judicial review,” Susan Freiwald, law professor, said. “You don’t ask an agency to set its own governing rules.”

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