Wednesday, July 16, 2008
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Government can seiz your email.
No meaningful risk of hardship, from the Government seizing your email.

WARSHAK V. US<http://caselaw.lp.findlaw.com/data2/circs/6th/064092pv1.pdf>
(U.S. 6th Circuit) - In declaratory judgment suit challenging section 2703(d) of the Electronic Communications Privacy Act, which authorizes the federal government to require disclosure of the contents of electronic communications in certain circumstances, grant of a motion for declaratory judgment and an injunction prohibiting the government from seizing the contents of any personal e-mail account belonging to plaintiff or certain Ohio residents without notice and an opportunity to be heard is vacated for lack of ripeness where: 1) there was no evidence that the government will conduct an ex parte search of plaintiff's e-mail account in the future; 2) there was uncertainty about what e-mail accounts or what types of accounts the government might investigate; 3) an account owner's expectation of privacy depends on the individual agreement the user has with a provider; and 4) there is no meaningful risk of hardship to the plaintiff.

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Wednesday, July 16, 2008 2:51:33 PM (Eastern Daylight Time, UTC-04:00)    Disclaimer  |  Comments [0]  |  Related posts:
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