Feeds

Feds told they need warrants for webmail

Fourth Protocol

Top 5 reasons to deploy VMware with Tegile

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. ®

Security for virtualized datacentres

More from The Register

next story
'Kim Kardashian snaps naked selfies with a BLACKBERRY'. *Twitterati gasps*
More alleged private, nude celeb pics appear online
Home Depot ignored staff warnings of security fail laundry list
'Just use cash', former security staffer warns friends
Hackers pop Brazil newspaper to root home routers
Step One: try default passwords. Step Two: Repeat Step One until success
UK.gov lobs another fistful of change at SME infosec nightmares
Senior Lib Dem in 'trying to be relevant' shocker. It's only taxpayers' money, after all
Who.is does the Harlem Shake
Blame it on LOLing XSS terroristas
Snowden, Dotcom, throw bombs into NZ election campaign
Claim of tapped undersea cable refuted by Kiwi PM as Kim claims extradition plot
Freenode IRC users told to change passwords after securo-breach
Miscreants probably got in, you guys know the drill by now
THREE QUARTERS of Android mobes open to web page spy bug
Metasploit module gobbles KitKat SOP slop
BitTorrent's peer-to-peer chat app Bleep goes live as public alpha
A good day for privacy as invisble.im also reveals its approach to untraceable chats
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.
WIN a very cool portable ZX Spectrum
Win a one-off portable Spectrum built by legendary hardware hacker Ben Heck
The next step in data security
With recent increased privacy concerns and computers becoming more powerful, the chance of hackers being able to crack smaller-sized RSA keys increases.