, 2007-11-02
On October 8, 2007, the United States Court of Appeals for the Sixth Circuit in Cincinnati granted the government's request for a full-panel hearing in United States v. Warshak case centering on the right of privacy for stored electronic communications. At issue is whether the procedure whereby the government can subpoena stored copies of your e-mail -- similar to the way they could simply subpoena any physical mail sitting on your desk -- is unconstitutionally broad.
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The court ultimately found that the plaintiff waived his right to privacy because he sent the emails from his work email address and his company had an email policy which explicitly said you do not have the right to privacy. Is there a difference between a company's email policy and the Terms and Conditions of a Private ISP? Should there be? Are the interests and objectives behind each the same? If there is not a difference between the two, then what is the purpose of having the state statutes which protect our communications?
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Link to this comment: http://www.securityfocus.com/comments/columns/456/34800#34800