[governance] Federal Judge Says E-mail Not Protected By 4th

[linda misek-falkoff]

Hi Jeffrey,

I am posting before reading the reference materials, blush, because I saw
your post on the way going out but wanted to respond to your own
observations.  But I will read the materials and get back as others likely
will with feedback.

I was at a Federal trial here last week where it was just about all email as
evidence. A wrote, B wrote, A responded, etc... with lots of apparent intent
to capture admissions.  What happened to sworn affidavits?

Used to be email was by definition casual and not binding.  Right? Wrong?
Neither?  Both?

Warm regards, LDMF.

On Sat, Oct 31, 2009 at 4:22 PM, Jeffrey A. Williams <jwkckid1 at ix.netcom.com
> wrote:

> All,
>
>  As an perhaps important FYI...  FWIW this seems to be a rather shocking
> rueling even given the narrowness of same as most users use third party
> providers and as such their Email is therefore not protected under the
> forth amendment in the opinion of this judge.  I personally believe
> he is mistaken on the grounds that a user of such a service has or
> should have a reasonable expectation of PII in the use of their
> account.  This goes directly to governance concerns and perhaps
> others would care to share their opinions???
>
> See:
>
> In the case In re United States,
> http://en.wikipedia.org/wiki/Michael_W._Mosman
> Judge Mosman ruled that there is
> http://volokh.com/2009/10/28/district-judge-concludes-e-mail-not-protected-by-fourth-amendment/noconstitutional requirement of
> notice to the account holder because the Fourth Amendment does not apply
> to e-mails under the third-party doctrine. 'When a person uses the
> Internet,
> the user's actions are no longer in his or her physical home; in fact he or
> she is not truly acting in private space at all. The user is generally
> accessing the Internet with a network account and computer storage owned
> by an ISP like Comcast or NetZero. All materials stored online, whether
> they are e-mails or remotely stored documents, are physically stored on
> servers owned by an ISP. When we send an e-mail or instant message from
> the comfort of our own homes to a friend across town the message travels
> from our computer to computers owned by a third party, the ISP, before
> being delivered to the intended recipient. Thus 'private' information is
> actually being held by third-party private companies."" Updated 2:50 GMT
> by timothy: Orin Kerr, on whose blog post of yesterday this story was
> founded, has issued an
> http://volokh.com/2009/10/29/opinion-on-fourth-amendment-and-e-mail/importantcorrection. He writes, at the above-linked Volokh Conspiracy, "In the
> course of re-reading the opinion to post it, I recognized that I was
> misreading a key part of the opinion.  As I read it now, Judge Mosman
> does not conclude that e-mails are not protected by the Fourth Amendment.
> Rather, he assumes for the sake of argument that the e-mails are protected
> (see bottom of page 12), but then concludes that the third party context
> negates an argument for Fourth Amendment notice to the subscribers."
>
> Regards,
>
> Jeffrey A. Williams
> Spokesman for INEGroup LLA. - (Over 294k members/stakeholders strong!)
> "Obedience of the law is the greatest freedom" -
>   Abraham Lincoln
>
> "Credit should go with the performance of duty and not with what is very
> often the accident of glory" - Theodore Roosevelt
>
> "If the probability be called P; the injury, L; and the burden, B;
> liability
> depends upon whether B is less than L multiplied by
> P: i.e., whether B is less than PL."
> United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
> ===============================================================
> Updated 1/26/04
> CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of
> Information Network Eng.  INEG. INC.
> ABA member in good standing member ID 01257402 E-Mail
> jwkckid1 at ix.netcom.com
> Phone: 214-244-4827
>
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-- 
- - -
With warm regards,
LDMF.
Dr. Linda D. Misek-Falkoff
914 769 3652
law /  computing / humanities:
Founder/Director *Respectful Interfaces*;
Member, Board, Officer - Communications Coordination Committee for the U.N.;
World Education Fellowship;
Member Committees on disability, aging, health, values, development;
National Disability Party (NDP); International Disability Caucus;
Persons with Pain Intl.;
ICT multiple decades;
Other affiliations on Request.

n.b.:
- The *Respectful Interfaces* Coda is: "Achieving Dialogue While Cherishing
Diversity" (ask about leadership interning).
- Communication, Cooperation and Collaboration are core values of the CCC/UN
(Gellermann et al).
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