Feds Need Warrant to Read E-Mails, Appeals Court Says

12-15-2010 • AP

An appeals court ruled Tuesday that the government must obtain a warrant before it can access e-mails stored by Internet service providers.

The government violated Steven Warshak's Fourth Amendment rights when it obtained his e-mails without a warrant, but it did so in good faith, so the evidence will not be thrown out. [nice]

1 Comments in Response to Feds Need Warrant to Read E-Mails, Appeals Court Says

Comment by Ross Wolf

Entered on: 12/15/2010 11:43:21 PM

So government without a warrant need only allege they relied on SCA in good faith to seize and use a Citizens' email as (evidence) against them in court.

The Obama government wants the FBI to conduct warrant-less searches of all Internet Activity. Police too easily can take an innocent person’s hastily written email, fax or phone call out of context to allege a crime or violation was committed to cause an arrest or civil asset forfeiture. There are more than 200 laws and violations that can subject property to government asset forfeiture. Information the FBI derives from e.g. no warrant spying on email communications can be used in court and/or lead to subpoenas to collect evidence against Americans to prosecute any crime, circumventing the Forth Amendment.

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