Government Documents, Laws, Testimonies or Reports and E-mail and Messaging

A three-judge panel of the 6th U.S. Circuit Court of Appeals has held unanimously that the Fourth Amendment applies to e-mail. When it comes to government searches, e-mail is analogous to a sealed envelope. As a result of the case, Warshak v. USA, certain laws allowing warrantless access to e-mail, such as the Stored Communications Act and various provisions of the USA PATRIOT Act, are unconstitutional, at least within the jurisdiction of the 6th Circuit Court (Ohio, Michigan, Kentucky, and Tennessee). The court pointedly recognized the evolving role of e-mail: "It goes without saying that like the telephone earlier in our history, e-mail is an ever-increasing mode of private communication, and protecting shared communications through this medium is as important to Fourth Amendment principles today as protecting telephone conversations has been in past."