6th Circuit Court Rules Emails Protected from Warrantless Searches
holds that the government must obtain a search warrant based on probable cause before it can search emails stored by Internet Service Providers.
People have a “reasonable expectation” that emails will remain private, the Sixth Circuit stated, using some colorful turns of phrase. “Lovers exchange sweet nothings, and businessmen swap ambitious plans, all with the click of a mouse button,” the court said. By obtaining access to someone’s email, government agents gain the ability to peer deeply into his activities… the Fourth Amendment must keep pace with the inexorable march of technological progress, or its guarantees will wither and perish.”