-------- Forwarded Message --------
From: Paul D. Fernhout
To: Peer-To-Peer Research List
Subject: [p2p-research] Slashdot | Federal Judge Says E-mail Not
Protected By 4th Amendment
Date: Thu, 29 Oct 2009 20:53:53 -0400
http://yro.slashdot.org/story/09/10/29/2257209/Federal-Judge-Says-E-mail-Not...
Protected-By-4th-Amendment
"""
In the case In re United States, Judge Mosman ruled that there is no
constitutional 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, b privateb
information is actually being held by third-party private companies."
"""
http://en.wikipedia.org/wiki/Michael_W._Mosman
From:
http://volokh.com/2009/10/28/district-judge-concludes-e-mail-not-protected-b...
-fourth-amendment/
"The case is In re United States, b F.Supp.2d b-, 2009 WL 3416240 (D.Or.
2009), by District Judge Mosman. The issue in the case is whether the
government must notify a person when the government obtains a search warrant
to access the contents of the personbs e-mail account. Judge Mosman
concludes that Rule 41 and 18 U.S.C. 2703(a) require the notice to be served
on the ISP, not the account holder, as a statutory matter. He then rules
that there is no constitutional requirement of notice to the account holder
because the Fourth Amendment does not apply to the e-mails under the
third-party doctrine. Herebs the relevant analysis: ..."
I don't really know what this means for peer-to-peer in general, given email
is a peer-to-peer technology.
--Paul Fernhout
http://www.pdfernhout.net/
http://www.beyondajoblessrecovery.org/
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