Feeds

Feds told they need warrants for webmail

Fourth Protocol

Internet Security Threat Report 2014

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. ®

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
Regin: The super-spyware the security industry has been silent about
NSA fingered as likely source of complex malware family
Why did it take antivirus giants YEARS to drill into super-scary Regin? Symantec responds...
FYI this isn't just going to target Windows, Linux and OS X fans
Privacy bods offer GOV SPY VICTIMS a FREE SPYWARE SNIFFER
Looks for gov malware that evades most antivirus
Home Office: Fancy flogging us some SECRET SPY GEAR?
If you do, tell NOBODY what it's for or how it works
HACKERS can DELETE SURVEILLANCE DVRS remotely – report
Hikvision devices wide open to hacking, claim securobods
'Regin': The 'New Stuxnet' spook-grade SOFTWARE WEAPON described
'A degree of technical competence rarely seen'
Syrian Electronic Army in news site 'hack' POP-UP MAYHEM
Gigya redirect exploit blamed for pop-rageous ploy
Astro-boffins start opening universe simulation data
Got a supercomputer? Want to simulate a universe? Here you go
prev story

Whitepapers

10 ways wire data helps conquer IT complexity
IT teams can automatically detect problems across the IT environment, spot data theft, select unique pieces of transaction payloads to send to a data source, and more.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
How to determine if cloud backup is right for your servers
Two key factors, technical feasibility and TCO economics, that backup and IT operations managers should consider when assessing cloud backup.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security and trust: The backbone of doing business over the internet
Explores the current state of website security and the contributions Symantec is making to help organizations protect critical data and build trust with customers.