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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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  • Re:Asinine (Score:3, Informative)

    by quanticle ( 843097 ) on Thursday June 21, 2007 @09:01AM (#19593121) Homepage

    By your arguement, nobody should expect privacy when talking on the phone since they didn't take steps to encrypt their phonecalls

    Your analogy doesn't fit. When I make a phone call, I'm expecting a point-to-point connection, with no intermediaries to intercept or look at my communication. When I send an e-mail, I know that it will be stored and transferred across many server, and that those servers may have logging software that will store a copy of my e-mail.

    However, with packet-switched phone networks replacing traditional circuit switching, that distinction is becoming more blurred.

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