UNDERNEWS

Undernews is the online report of the Progressive Review, edited by Sam Smith, who covered Washington during all or part of one quarter of America's presidencies and edited alternative journals since 1964. The Review, which has been on the web since 1995, is now published from Freeport, Maine. See main page for full contents

October 31, 2009

JUDGE SAYS FOURTH AMENDMENT DOESN'T APPLY TO E-MAILS

10/31/2009

1 Comments:

Blogger m said...

The original source of the story at volokh.com is currently down, but has reportedly issued a retraction/refinement.

According to Steve Buttgereit at Slashdot, the original author stated:

"In the course of re-reading the opinion to post it, I recognized that I was misreading a key part of the opinion. As I read it now, Judge Mosman does not conclude that e-mails are not protected by the Fourth Amendment. Rather, he assumes for the sake of argument that the e-mails are protected (see bottom of page 12), but then concludes that the third party context negates an argument for Fourth Amendment notice to the subscribers. I missed this because the reasoning closely resembles the argument for saying that the Fourth Amendment doesn’t apply at all, and I didn’t read the earlier section closely enough. That’s obviously a much narrower position, and I apologize for misunderstanding it the first time in the quick skim I gave it. Sorry about that: The fault is entirely mine.""

October 31, 2009 10:21 AM  

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