Apparently the ruling hinges on the fact that email is stored outside the home. But snail mail is protected when it’s sitting in a mailbox, or even en route. Why should email be different?
I’m also confused how to reconcile this decision with Warshak v. US, which says email is protected under the Fourth Amendment. Is this just a circuit split?
UPDATE (11/8): To muddy the waters a little bit more, see the correction here. As a non-lawyer it’s now not clear at all what this ruling means, although it still doesn’t sound good.
Internet Scofflaw 