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United States v. Warshak is a criminal case decided by the United States Court of Appeals for the Sixth Circuit holding that government agents violated the defendants' Fourth Amendment rights by compelling their Internet Service Provider (ISP) to turn over the e-mails without first obtaining a warrant based on probable cause. This case is notable because it is the first court from the United States Circuit Court of Appeals to hold that there is a reasonable expectation of privacy in e-mails stored on third party servers.

United States v. Warshak
CourtUnited States Court of Appeals for the Sixth Circuit
Full case name'United States v. Steven Warshak et al.'
ArguedJune 16 2010
DecidedDecember 14 2010
Citation2010 WL 5071766; 2010 U.S. App. LEXIS 25415
Holding
There is a reasonable expectation of privacy in the content of emails held on third party servers.
Court membership
Judges sittingDamon Keith, Danny Boggs, and David McKeague
Case opinions
MajorityBoggs, joined by McKeague
ConcurrenceKeith
Laws applied
Fourth Amendment to the United States Constitution

Background

Opinion of the Court

Subsequent Developments

See Also

References

External Links