User:Dbarnhill/Roughdraft
Appearance
United States v. Warshak | |
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Court | United States Court of Appeals for the Sixth Circuit |
Full case name | 'United States v. Steven Warshak et al.' |
Argued | June 16 2010 |
Decided | December 14 2010 |
Citation | 2010 WL 5071766; 2010 U.S. App. LEXIS 25415; --- F.3d --- |
Holding | |
There is a reasonable expectation of privacy in the content of emails held on third party servers. | |
Court membership | |
Judges sitting | Damon Keith, Danny Boggs, and David McKeague |
Case opinions | |
Majority | Boggs, joined by McKeague |
Concurrence | Keith |
Laws applied | |
Fourth Amendment to the United States Constitution, Stored Communications Act 18 U.S.C. § 2701 et seq. |
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.