The ruling by the Sixth U.S. Circuit Court of Appeals in Ohio upheld a lower court ruling that placed a temporary injunction on e-mail searches in a fraud investigation against Steven Warshak, who runs a supplements company best known for a male enhancement product called Enzyte. Warshak hawks Enzyte using "Smiling Bob" ads that have gained some notoriety.
The case boiled down to a Fourth Amendment argument, in which Warshak contended that the government overstepped its constitutional reach when it demanded e-mail records from his internet service providers. Under the 1986 federal Stored Communications Act (SCA), the government has regularly obtained e-mail from third parties without getting warrants and without letting targets of an investigation know (ergo, no opportunity to contest).From Threat Level -- Wired Blogs
Referenced Wed Jun 20 2007 08:49:43 GMT-0600 (MDT)
EFF Wins 4th Amendment Email Victory
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