Author Topic: Appeals Court: You want someone's email? Get a warrant.  (Read 1610 times)

Angel Eyes

  • Lying dog-faced pony soldier
  • friend
  • Senior Member
  • ***
  • Posts: 13,138
  • You're not diggin'
Appeals Court: You want someone's email? Get a warrant.
« on: December 15, 2010, 04:15:42 PM »

http://www.wired.com/threatlevel/2010/12/fourth-amendment-email/

Quote
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.
"... and now I want to hand it over to the president of Ukraine who has as much courage as he has determination.  Ladies and gentlemen, President Putin."
                          - Joe Biden, July 11, 2024

kgbsquirrel

  • APS Photoshop God
  • friend
  • Senior Member
  • ***
  • Posts: 5,466
  • Bill, slayer of threads.
Re: Appeals Court: You want someone's email? Get a warrant.
« Reply #1 on: December 15, 2010, 04:38:23 PM »
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?

TommyGunn

  • friend
  • Senior Member
  • ***
  • Posts: 7,956
  • Stuck in full auto since birth.
Re: Appeals Court: You want someone's email? Get a warrant.
« Reply #2 on: December 15, 2010, 07:37:42 PM »
An encouraging sign, for sure.  I'm mildly optimistic.  Or maybe it's the Christmas eggnog affecting me .....  [tinfoil]
MOLON LABE   "Through ignorance of what is good and what is bad, the life of men is greatly perplexed." ~~ Cicero

stevelyn

  • friend
  • Senior Member
  • ***
  • Posts: 1,130
Re: Appeals Court: You want someone's email? Get a warrant.
« Reply #3 on: December 16, 2010, 07:04:38 AM »
The Fourth may have dodged a bullet this time, but it's already mortally wounded.

Quote
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.
Be careful that the toes you step on now aren't connected to the ass you have to kiss later.

Eat Moose. Wear Wolf.

MechAg94

  • friend
  • Senior Member
  • ***
  • Posts: 34,595
Re: Appeals Court: You want someone's email? Get a warrant.
« Reply #4 on: December 16, 2010, 04:40:20 PM »
Does the fact that this seems like common sense to me sort bother anyone else?
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

vaskidmark

  • National Anthem Snob
  • friends
  • Senior Member
  • ***
  • Posts: 12,799
  • WTF?
Re: Appeals Court: You want someone's email? Get a warrant.
« Reply #5 on: December 16, 2010, 09:40:13 PM »
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.
If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege.

Hey you kids!! Get off my lawn!!!

They keep making this eternal vigilance thing harder and harder.  Protecting the 2nd amendment is like playing PACMAN - there's no pause button so you can go to the bathroom.