Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: Appeals Court Holds that Email Privacy Protected by Fourth Amendment

  1. #1
    Slayer of the DP Newsbot
    danarhea's Avatar
    Join Date
    Aug 2005
    Location
    Houston, TX
    Last Seen
    Today @ 04:43 AM
    Gender
    Lean
    Conservative
    Posts
    39,763

    Appeals Court Holds that Email Privacy Protected by Fourth Amendment

    In a landmark decision issued today in the criminal appeal of U.S. v. Warshak, the Sixth Circuit Court of Appeals has ruled that the government must have a search warrant before it can secretly seize and search emails stored by email service providers. Closely tracking arguments made by EFF in its amicus brief, the court found that email users have the same reasonable expectation of privacy in their stored email as they do in their phone calls and postal mail.
    This is huge, folks. Until today, all law enforcement agencies needed was a rubber-stamped court order to be able to snoop on your email. This action was clearly unconstitutional, per the 4th Amendment. Today, the Constitution of the United States of America was upheld, and no more unreasonable searches on our email will occur. If authorities want to snoop on your email, they had better have a valid reason, and they had better damn well get a warrant.

    What surprises me here is that I found this on a blog, and the mainstream media is not running with it. This is huge news, but I do understand that there are bigger stories out there for the major news outlets, such as Angelina Jolie's latest escapades, which Hollywood star is using which drug, who is going in for rehab, who is getting divorced, who is winning on Dancing With the Stars, who is having sex with who, and other events that our media whores feel are more important in our lives than mundane questions on Constitutional issues that affect us all on a daily basis.

    Article is here.
    Last edited by danarhea; 12-15-10 at 10:44 AM.
    The ghost of Jack Kevorkian for President's Physician: 2016

  2. #2
    Dispenser of Negativity
    Cold Highway's Avatar
    Join Date
    May 2007
    Location
    Newburgh, New York and World 8: Dark Land
    Last Seen
    12-24-12 @ 11:21 PM
    Gender
    Lean
    Libertarian
    Posts
    9,596
    Blog Entries
    7

    Re: Appeals Court Holds that Email Privacy Protected by Fourth Amendment

    Good ruling, but dont think for a second the government will actually follow through.
    Jackboots always come in matched pairs, a left boot and a right boot.

  3. #3
    White trash on dope.
    d0gbreath's Avatar
    Join Date
    Jan 2010
    Location
    Denton, TX
    Last Seen
    @
    Gender
    Lean
    Liberal
    Posts
    8,876

    Re: Appeals Court Holds that Email Privacy Protected by Fourth Amendment

    Awesome post Dan!

    Know your rights. LE needs a warrant specifically written to confiscate your computer and files.

  4. #4
    warrior of the wetlands
    TurtleDude's Avatar
    Join Date
    Oct 2005
    Location
    Ohio
    Last Seen
    Today @ 02:05 AM
    Gender
    Lean
    Libertarian - Right
    Posts
    180,766

    Re: Appeals Court Holds that Email Privacy Protected by Fourth Amendment

    Knowing a fair amount about this case (I watched the opening statements, voire dire and closing arguments) as well as Martin Weinberg vs Asst US Attorney Ben Glassman (both brilliant graduates of Harvard Law) before the Court of Appeals and having read the complete decision I note as follows

    1) the Court ruled that the federal agents had a good faith belief concerning the emails meaning that the evidence was NOT excluded

    2) One of the AUSAs who prosecuted the case made "improper statements" but not enough to change the decision--btw the defense was constantly attacking the personal integrity of the federal prosecutors, Kadon, Porter and JOseph and the Postal INspector Alejandro Algamaier.

    3) all the convictions of Warshack were sustained. Even though his sentence was sent back to be done again, the guideline range was LIFE and Senior Judge S Arthur Spiegel had issued a "downward departure" to give him 25 years. Even if the relative offense level is diminished, the guideline sentence will be at least 25 years and probably more.

    4) Harriet warshack caught a break at sentencing, she stands still convicted of the major conspiracy count--Judge SAS allowed her to remain free during the appeal on the grounds she had some mortal illness-interesting to see what sort of sentence she finally served.

    Overall a win for the government



  5. #5
    Liberal Fascist For Life!


    Redress's Avatar
    Join Date
    Mar 2008
    Location
    Georgia
    Last Seen
    Today @ 03:38 AM
    Lean
    Very Liberal
    Posts
    93,344
    Blog Entries
    2

    Re: Appeals Court Holds that Email Privacy Protected by Fourth Amendment

    TD, what is voire dire, and your point 2...is that not kinda a ****ty strategy?
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

  6. #6
    warrior of the wetlands
    TurtleDude's Avatar
    Join Date
    Oct 2005
    Location
    Ohio
    Last Seen
    Today @ 02:05 AM
    Gender
    Lean
    Libertarian - Right
    Posts
    180,766

    Re: Appeals Court Holds that Email Privacy Protected by Fourth Amendment

    Quote Originally Posted by Redress View Post
    TD, what is voire dire, and your point 2...is that not kinda a ****ty strategy?
    Jury selection-questioning the panel is called voire dire. each side is trying to get "favorable jurors" defense attorneys often get away with stuff that the prosecution cannot. The Federal Prosecutor was accused of "vouching for his witnesses". He also is a Lt Col JAG officer and made comments to his military service. However, the decision noted Sr Judge Spiegel had "eased the sting of those comments with the salve of a curative instruction to the jury"

    Defense counsel basically claimed that the prosecutors and inspectors conspired to screw over Warshack



  7. #7
    Student Resist the gov.'s Avatar
    Join Date
    Jul 2010
    Last Seen
    06-05-11 @ 04:37 PM
    Gender
    Lean
    Libertarian
    Posts
    266

    Re: Appeals Court Holds that Email Privacy Protected by Fourth Amendment

    So then doesn't this mean that the Patriot Act is unconstitutional ?
    " Those who plan to reap the blessings of freedom, must, like men, undergo the fatigues of supporting it" - Thomas Paine
    "A government big enough to give you everything you want, is strong enough to take everything you have. " -Thomas Jefferson

  8. #8
    warrior of the wetlands
    TurtleDude's Avatar
    Join Date
    Oct 2005
    Location
    Ohio
    Last Seen
    Today @ 02:05 AM
    Gender
    Lean
    Libertarian - Right
    Posts
    180,766

    Re: Appeals Court Holds that Email Privacy Protected by Fourth Amendment

    Quote Originally Posted by Resist the gov. View Post
    So then doesn't this mean that the Patriot Act is unconstitutional ?
    Nope not at all



  9. #9
    warrior of the wetlands
    TurtleDude's Avatar
    Join Date
    Oct 2005
    Location
    Ohio
    Last Seen
    Today @ 02:05 AM
    Gender
    Lean
    Libertarian - Right
    Posts
    180,766

    Re: Appeals Court Holds that Email Privacy Protected by Fourth Amendment

    This story was on the front page of the Cincinnati Enquirer this morning



  10. #10
    Uncanny
    Paschendale's Avatar
    Join Date
    Nov 2010
    Location
    New York City
    Last Seen
    03-31-16 @ 04:08 PM
    Gender
    Lean
    Socialist
    Posts
    12,510

    Re: Appeals Court Holds that Email Privacy Protected by Fourth Amendment

    The decision in this case seems to largely support all sorts of surveillance at the government's discretion, even beyond what is allowed in the 4th amendment. Rather, the opinion in this case strikes down some of the methods the government used. You'll notice that the court at no point mentioned needing a warrant and probable cause to perform all these searches.

    The 4th amendment is still just a fond memory.
    Liberté. Égalité. Fraternité.

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •