Appeals Court Holds Email Constitutionally Protected
A federal appeals court has ruled that an ordinary email user has a reasonable expectation of privacy -- and thus a Constitutional privacy right -- in email stored with an ISP. This means that the government either obtain a search warrant based on probable cause to seize such email or give users notice and opportunity to object to a subpoena or court order. The Justice Department had argued that email was not constitutionally protected. CDT participated in a friend of the court brief in the case which the court cited as "convincing".