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Appeals Court Rules for E-Mail Privacy


Tuesday, June 19th, 2007

By Dan Sewell 

Federal investigators overstepped constitutional bounds by searching e-mails without a warrant during a fraud investigation related to an herbal supplement company known for its “Smiling Bob” ads, a federal appeals court ruled Monday.

The ruling by a three-judge panel of the 6th U.S. Circuit Court of Appeals upholds a lower court ruling temporarily blocking investigators from additional e-mail searches in the case against Steven Warshak, owner and president of Berkeley Premium Nutraceuticals.

Warshak, whose company markets supplements that include a “natural male enhancement” product called Enzyte, argued that his Fourth Amendment protections against unreasonable searches and seizures were violated when the government went after his e-mail records.

“The district court correctly determined that e-mail users maintain a reasonable expectation of privacy in the content of their e-mails,” Judge Boyce Martin said in a case closely watched by civil-liberties advocates in the still-emerging field of Internet privacy.

Warshak has pleaded not guilty to charges that he and his business defrauded customers and banks out of at least $100 million in an alleged scheme that included billing credit cards without authorization.


Have Your Say: Appeals Court Rules for E-Mail Privacy
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8 Responses to “Appeals Court Rules for E-Mail Privacy”

  1. Abby C.
    Posted: Feb 21st, 2009 at 12:27 am

    Very observant post. Keep up the good work!

    Reply | Quote selected text | Link to this

  2. Pat
    Posted: Feb 22nd, 2009 at 2:08 pm

    In Ireland, the government has powers to open and read your emails and store them in a data base.

    Reply | Quote selected text | Link to this

  3. Paul Ginson
    Posted: Feb 22nd, 2009 at 4:00 pm

    I enjoy reading your blog. This is my first time to comment - just wanted to thank you for your work.

    Reply | Quote selected text | Link to this

  4. Internet
    Posted: Mar 12th, 2009 at 9:24 pm

    I dont usually comment, but after reading through so much info I had to say thanks

    Reply | Quote selected text | Link to this

  5. Amber
    Posted: Apr 8th, 2009 at 9:51 pm

    You made some good points there. I did a search on the topic and found most people will agree with your blog.

    Reply | Quote selected text | Link to this

  6. bangkok simon
    Posted: May 5th, 2009 at 9:05 pm

    We are coming out of the normal time of year when we have flu circulating in the UK so we don’t really know what size of epidemic there may be in the next couple of months.

    Reply | Quote selected text | Link to this

  7. WorkatHomeIdeas
    Posted: Aug 31st, 2009 at 3:10 pm

    You should try to search for the cause of this problem but not the method to due with it at this instant.

    Reply | Quote selected text | Link to this

  8. Search Engine Submission Service
    Posted: Nov 5th, 2009 at 4:04 pm

    Hey nice blog! Its good to see that some people still put time into there site.

    Reply | Quote selected text | Link to this

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This entry was posted on Tuesday, June 19th, 2007 at 4:48 pm and is filed under Surveillance, Civil Liberties & Human Rights News . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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