Armed Polite Society
Main Forums => Politics => Topic started by: Angel Eyes on December 15, 2010, 04:15:42 PM
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http://www.wired.com/threatlevel/2010/12/fourth-amendment-email/
The government must obtain a court warrant to require internet service providers to turn over stored e-mail to the authorities, a federal appeals court ruled Tuesday.
The decision by the 6th U.S. Circuit Court of Appeals was the first time an appellate court said Americans had that Fourth Amendment protection.
Good! It's about freakin' time.
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Hoorah. Though the cynic in me roundly expects an opposite decision from the 9th circuit. So how does inter-circuit case-law work, is more just more of a suggestion and consideration type deal rather than a binding precedent?
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An encouraging sign, for sure. I'm mildly optimistic. Or maybe it's the Christmas eggnog affecting me ..... [tinfoil]
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The Fourth may have dodged a bullet this time, but it's already mortally wounded.
Hoorah. Though the cynic in me roundly expects an opposite decision from the 9th circuit. So how does inter-circuit case-law work, is more just more of a suggestion and consideration type deal rather than a binding precedent?
The way I understand it is that the decision is only binding for the time being in circuit it was heard in. In the event that different circuits have differing opinions, the more likely it is to go to the Supremes for a final say.
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Does the fact that this seems like common sense to me sort bother anyone else?
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Does the fact that this seems like common sense to me sort bother anyone else?
No.
What bothers me is the court it came out of.
Very unexpected. Very not in keeping with other decisions ganded down.
Is someone going to ask that it be sent back for an en banq decision?
stay safe.