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third-party-context-negates-fourth-amendment-notice

In the Matter of the Application of the UNITED STATES of America for a Search Warrant for Contents of Electronic Mail and for an Order Directing a Provider of Electronic Communication Services to not Disclose the Existence of the Search Warrant.

For those of you who send e-mail without acknowledging that it is public:

[Fourth Amendment E-mail Ruling]

Judge Mosman does not conclude that e-mails are not protected by the. 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.

[via: volokh.com]

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