Fwd: E-Mail Not Protected by 4th Amendment, Judge Says
- Mary McCutcheon
Fax 904- 621-9084
New Vision Organization, Inc.
Sent: 10/29/2009 2:38:23 P.M. Eastern Daylight Time
Subj: E-Mail Not Protected by 4th Amendment, Judge Says
The Fourth Amendment's protection against unreasonable searches and seizures does not apply to e-mail, a federal judge has ruled. The judge's reasoning would seem to sound a warning bell for anyone -- lawyers in particular -- not only who use Web-based e-mail accounts, but also who store documents of any kind online in "the cloud."
The ruling from U.S. District Judge Michael W. Mosman in Oregon addresses the question of whether the government must notify someone when it obtains a search warrant to access the person's Web-based e-mail account. This case appears to have involved Google's Gmail.
The Fourth Amendment, Mosman writes, creates a "strong privacy protection for homes and the items within them in the physical world." But e-mail, he says, resides outside a person's home... [MORE]Sphere: Related Content
And now, for the latest entry in the "What were they thinking" department.
The lawyer-referral site LawFirms.com wanted to build buzz for immigration lawyers through a social-media marketing campaign. So it decided that the best way to do that was to poke fun at illegal immigrants and the so-called coyotes who profit by smuggling them across the desert into the United States.
The site created an ad for a made-up iPhone app designed for those "lost and disoriented in the desert." The make-believe app, iCoyote, "packs all of the features of a real immigrant smuggler into the iPhone. Using GPS, navigate through the patrol packed desert without worrying about that pesky Border Patrol."
The app included a variety of features such as: [MORE]Sphere: Related Content
I was such a fan of the subversive humor of comedian Soupy Sales that, when he died this week, I wished for a legal angle so I could blog about him. After all, this was a man who not only perfected pie throwing as an art, but who once told the viewers of his children's TV show to sneak into their parents' bedrooms, "take some of those green pieces of paper with pictures of George Washington, Benjamin Franklin, Lincoln and Jefferson on them," and "send them to me." In return, he promised, "I'll send you a postcard from Puerto Rico."
Well, my wish came true. A couple of different bloggers -- Dwight Sullivan at CAAFlog and Danny Jacobs at On the Record -- picked up on this piece of trivia from Sales' obits that I completely overlooked: He once served as an expert witness called to testify in the court martial of a sailor accused of tossing a pie into an officer's face. As recounted in the Los Angeles Times obituary of Sales: [MORE]Sphere: Related Content
Among the truth is stranger than fiction items in today's news:
An assistant attorney general in South Carolina was fired after police found him in his SUV parked in a cemetery in the company of a stripper, a Viagra pill and various sex toys. The 66-year-old former state legislator explained to police that he was on an innocent lunch break and always kept the Viagra and sex toys in his car "just in case."
The attorney for a New Jersey man on trial for murder is employing a rather weighty and certainly novel defense. His client, he contends, was too fat to commit the crime. Whoever shot the victim would have had to be able to quickly run up and then back down a flight of stairs. At 5 feet 8 inches and 285 pounds, the unhealthy 62-year-old could... [MORE]Sphere: Related Content
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