Submission + - Google backs Yahoo in privacy fight with DOJ (cnet.com)
No, according to the Obama administration's Assistant U.S. Attorney Pegeen Rhyne, who wrote in a government motion filed last month, "Previously opened e-mail is not in 'electronic storage.' This court should therefore require Yahoo to comply with the order and produce the specified communications in the targeted accounts." (The Justice Department's position is that what's known as a 2703(d) order--not as privacy-protective as the rules for search warrants--should let police read e-mail.)