Lawsuit challenges government's right to read your e-mailA seller of "natural male enhancement" products sued after a fraud indictment based
on evidence gleaned from his electronic mail.
By John Reinan, Star Tribune
Last update: December 18, 2006 – 9:59 PM
The government needs a search warrant if it wants to read the U.S. mail that arrives
at your home. But federal prosecutors say they don't need a search warrant to read
your e-mail messages if those messages happen to be stored in someone else's
computer.
That would include all of the Big Four e-mail providers -- Yahoo, AOL, Hotmail and
Google -- that together hold e-mail accounts for 135 million Americans.
-snip-Now that law, the Stored Communications Act of 1986, is being challenged in federal
court in Ohio by Steven Warshak, a seller of "natural male enhancement" products
who was indicted for mail fraud and money laundering after federal investigators sifted
through thousands of his e-mails.
The government isn't saying it has unfettered access to e-mail. But e-mail users should
not expect privacy when they allow an outside party to store their messages, prosecutors
argue. In fact, many e-mail providers require their customers to sign agreements
acknowledging that the provider may release customer information as required by law.
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