E-mail Is Not Protected By 4th Amendment

Via Legal Blog Watch, Robert Ambrogi writes in a post titled E-mail Is Not Protected By 4th Amendment, Judge Says that the 4th Amendment protection against unreasonable searches and seizures does not include email. U.S. District Judge Michale W. Mosman, in his ruling, writes that email is outside one’s home and further notes:

When a person uses the Internet, however, the user’s actions are no longer in his or her physical home; in fact he or she is not truly acting in private space at all. The user is generally accessing the Internet with a network account and computer storage owned by an ISP like Comcast or NetZero. All materials stored online, whether they are e-mails or remotely stored documents, are physically stored on servers owned by an ISP. When we send an e-mail or instant message from the comfort of our own homes to a friend across town the message travels from our computer to computers owned by a third party, the ISP, before being delivered to the intended recipient. Thus, “private” information is actually being held by third-party private companies.

Take a look at the full article and the following comments, definitely thought-provoking!

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