Not So Great Britain

Feds told they need warrants for webmail | June 20, 2007

A federal appeals court has upheld a lower court’s ruling against warrantless seizures of email. Law enforcement agents need to obtain a warrant before looking at a user’s email even if it is stored online, the Sixth Circuit Court of Appeal ruled on Wednesday.

For 20 years, long before the introduction of knee-jerk law enforcement powers ushered in the wake of the 9/11 attacks, the Stored Communications Act (SCA) has been used by government agents to carry out secret searches and seizures of stored email, without requiring a warrant. A case brought by Steven Warshak challenged this practice.

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