Kaizenlog

—————————————+
| Court Refuses To Rule On ECPA Warrantless E-mail Searches          |
|   from the not-yet-ripe dept.                                      |
|   posted by Soulskill on Friday July 11, @18:58 (The Courts)       |
|   http://yro.slashdot.org/article.pl?sid=08/07/11/2212206 |
+——————————————————————–+

utkalum writes “After Steven Warshak’s indictment and conviction on
charges of mail and wire fraud, money laundering and other federal
charges, he learned that key evidence in the case was obtained by the
government under a 1986 law permitting [0]no-warrant searches of email
communications stored for longer than 180 days. He also learned that,
despite the Electronic Communication Privacy Act’s requirement that such
searches be disclosed to the suspect no more than 90 days after they were
commenced, the Government simply couldn’t be bothered to comply. Now, the
US Court of Appeals for the Sixth Circuit has [1]refused (9-5) to hear
Warshak’s constitutional challenge to the Act (PDF), claiming that the
question raised is ‘not yet ripe’ for adjudication. It’s worth noting
that the court also vacated an [2]earlier injunction against using that
act to read the e-mail of other people in Warshak’s district. Read on for
an excerpt from the ruling.

This story continues at:
http://yro.slashdot.org/article.pl?sid=08/07/11/2212206

Discuss this story at:
http://yro.slashdot.org/comments.pl?sid=08/07/11/2212206

Links:
0. http://yro.slashdot.org/article.pl?sid=07/11/05/0747209&tid=158
1. http://www.ca6.uscourts.gov/opinions.pdf/08a0252p-06.pdf
2. http://yro.slashdot.org/article.pl?sid=07/06/18/1948241&tid=215