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The Courts Government News Your Rights Online

The Privacy of Email 133

An Anonymous Coward writes "A U.S. appeals court in Ohio has ruled that e-mail messages stored on Internet servers are protected by the Constitution as are telephone conversations and that a federal law permitting warrantless secret searches of e-mail violates the Fourth Amendment. 'The Stored Communications Act is very important,' former federal prosecutor and counter-terrorism specialist Andrew McCarthy told United Press International. But the future of the law now hangs in the balance."
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The Privacy of Email

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  • McCarthy? (Score:5, Funny)

    by Red Flayer ( 890720 ) on Thursday June 21, 2007 @08:11AM (#19592689) Journal
    This is about overturning aspects of the 1986 Stored Communications Act. FTA:

    'The Stored Communications Act is very important,' former federal prosecutor and counter-terrorism specialist Andrew McCarthy told United Press International. But the future of the law now hangs in the balance.
    [snip]
    Some observers warned that the ruling might hamper federal counter-terrorism efforts.
    [snip]
    'The USA Patriot Act broke down the wall between intelligence and law enforcement. Criminal prosecutors can now share information with the intelligence side of the house,' [McCarthy] said.

    But if the ruling stopped prosecutors from gathering information, it could not be passed along. 'If you can`t get it, you can`t share it,' he said.
    Is it just me, or would it have been a little smarter for the government to use a mouthpiece with a name other than McCarthy when discussing tactics for terrorist witch-hunts?
  • by mulvane ( 692631 ) on Thursday June 21, 2007 @08:14AM (#19592717)
    First thing I thought of when I read this is how we should drop 50 nuclear bombs...I don't know where, when and how, but damn it!!! 50 nuclear bombs need to be dropped somewhere!!
  • by otacon ( 445694 ) on Thursday June 21, 2007 @08:19AM (#19592747)
    Wasn't he in Weekend at Bernie's?
  • by bryan1945 ( 301828 ) on Thursday June 21, 2007 @08:35AM (#19592857) Journal
    Seems like some judges are starting to understand this whole "electronic medium" stuff.

    I wonder if their (grand)kids play WoW?
  • by Strawser ( 22927 ) on Thursday June 21, 2007 @09:05AM (#19593157) Homepage

    Your speech isn't encrypted either,

    Depends on how much I've had to drink . . .

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