On June 18th the 6th Circuit Court of Appeals ruled in Warshak v. United States (PDF) that the 1986 Stored Communications Act (SCA) violates the 4th Amendment prohibition on unreasonable search and seizure. The court found that because the SCA allowed the DOJ to simply wait for 180 days before initiating an administrative subpoena, it effectively provided inadequate protection of email privacy. Wired’s writeup. In a case of coincidental timing, I asked whether “the march of e-mail discovery gone too far” in a recent postabout the different discovery rules for email, instant messages, and social networking sites.

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