Feeds

Feds told they need warrants for webmail

Fourth Protocol

Next gen security for virtualised datacentres

A federal appeals court has upheld a lower court's ruling against warrantless seizures of email. Law enforcement agents need to obtain a warrant before looking at a user's email even if it is stored online, the Sixth Circuit Court of Appeal ruled on Wednesday.

For 20 years, long before the introduction of knee-jerk law enforcement powers ushered in the wake of the 9/11 attacks, the Stored Communications Act (SCA) has been used by government agents to carry out secret searches and seizures of stored email, without requiring a warrant. A case brought by Steven Warshak challenged this practice.

In an important ruling, a district court said in July 2006 that the SCA violates the Fourth Amendment by allowing secret, warrantless searches of email stored with a third party. The government appealed arguing, in part, that the Fourth Amendment doesn't protect emails at all when they are stored with an ISP or a webmail provider such as Hotmail or Gmail.

The 6th U.S. Circuit Court of Appeals disagreed, upholding the lower court's decision and affirming that users have a "reasonable expectation of privacy" about content in emails stored on a remote host.

It's unlikely that the US government will let matters rest there and further appeals are likely.

The Electronic Frontier Foundation, which supported Warshak in the case, has published a number of papers giving more background on the case here. ®

The essential guide to IT transformation

More from The Register

next story
Goog says patch⁵⁰ your Chrome
64-bit browser loads cat vids FIFTEEN PERCENT faster!
Chinese hackers spied on investigators of Flight MH370 - report
Classified data on flight's disappearance pinched
NIST to sysadmins: clean up your SSH mess
Too many keys, too badly managed
Scratched PC-dispatch patch patched, hatched in batch rematch
Windows security update fixed after triggering blue screens (and screams) of death
Researchers camouflage haxxor traps with fake application traffic
Honeypots sweetened to resemble actual workloads, complete with 'secure' logins
Attack flogged through shiny-clicky social media buttons
66,000 users popped by malicious Flash fudging add-on
prev story

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.