Jul 182010
 
 July 18, 2010  Court, Featured News, Online

Paul Ohm writes:

In March, the U.S. Court of Appeals for the Eleventh Circuit, the court that sets federal law for Alabama, Florida, and Georgia, ruled in an opinion in a case called Rehberg v. Paulk that people lacked a reasonable expectation of privacy in the content of email messages stored with an email provider. This meant that the police in those three states were free to ignore the Fourth Amendment when obtaining email messages from a provider. In this case, the plaintiff alleged that the District Attorney had used a sham subpoena to trick a provider to hand over the plaintiff’s email messages. The Court ruled that the DA was allowed to do this, consistent with the Constitution.

I am happy to report that today, the Court vacated the opinion and replaced it with a much more carefully reasoned, nuanced opinion.

Most importantly, the Eleventh Circuit no longer holds that “A person also loses a reasonable expectation of privacy in emails, at least after the email is sent to and received by a third party.” nor that “Rehberg’s voluntary delivery of emails to third parties constituted a voluntary relinquishment of the right to privacy in that information.” These bad statements of law have effectively been erased from the court reporters.

Read more on Freedom to Tinker.

Thanks to the reader who sent in this link.

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