Us V. Warshak 631 F. 3d 266

In this examination of United States v. Warshak 631 F.3d 266 (6th Cir. 2010), the primary focus will be on the constitutional issues regarding this case. First, an analysis of the defendant’s expectation of privacy, regarding e-mail communication. Next, an examination of the government argument concerning the potential invasion of the defendant’s Fourth Amendment right to privacy. Finally, an analysis of the case’s conclusion, and how the Stored Communication Act factored into the constitutionality of more than 27,000 items of e-mail evidence.

In the case of United States v. Warshak, the primary issue at hand is the constitutionality of the government’s warrantless seizure of more than twenty-seven thousand e-mails stored on an internet service provider’s server. To answer the constitutionality issue, the first focus is on e-mail itself as a form of communication, and whether there can be a reasonable expectation of privacy for e-mail stored on a service provider’s equipment. In this case, the Court ruled that e-mail has fundamental similarities with traditional forms of communication, such as a phone call or letter (Craig, 2013). For example, law enforcement cannot obtain a wiretap, search a house, or open mail without a
The Court found that like traditional communications, a warrant based on probable cause is necessary to obtain e-mail communications from a service provider. Additionally, the court found provisions of the Stored Communications Act to be unconstitutional and in violation of citizens’ Fourth Amendment right to privacy, specifically because it allows for the obtaining of stored e-mail communications from a service provider without a warrant. Unfortunately for Mr. Warshak, the unconstitutionality of the SCA was not enough to overturn his