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11th Circuit Eliminates 4th Amend. in E-mail

Artefacto (1207766) writes | more than 4 years ago

Privacy 0

Artefacto (1207766) writes "Orin Kerr writes in the Volokh Conspiracy:
Last Thursday, the Eleventh Circuit handed down a Fourth Amendment case, Rehberg v. Paulk, that takes a very narrow view of how the Fourth Amendment applies to e-mail. The Eleventh Circuit held that constitutional protection in stored copies of e-mail held by third parties disappears as soon as any copy of the communication is delivered. Under this new decision, if the government wants get your e-mails, the Fourth Amendment lets the government go to your ISP, wait the seconds it normally takes for the e-mail to be delivered, and then run off copies of your messages."

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