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Submission + - Court Says Email Private (enquirer.com)

carpdeus writes: "The unanimous opinion of a three-judge panel of the Sixth Circuit US Court of Appeals upheld U.S. District Judge Susan Dlott's finding last July that prosecutors violated the Constitution when they persuaded a federal magistrate to give them access to Steve Warshak's e-mail accounts at Nuvox Communications and Yahoo!

The argument was that the Fourth Amendment's protection against unreasonable search and seizure applies to electronic communications. The government had used the Stored Communications Act of 1986 to obtain a sealed order and never let Warshak know that his privacy had been violated.

At the moment, this ruling only applies to emails in the southern half of Ohio covered by the Sixth Circuit."

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