Carving Out New Privacy Rights for E-Mailers

The three-judge panel of the Sixth Circuit Court has upheld a ruling that grants extensive new privacy protections for e-mail Email Marketing Software – Free Demo users. It is an ambitious decision — said to be the first for the Circuit Courts — and one that is almost surely headed to the Supreme Court for review.

In Warshak v. United States, the federal court upheld the finding that e-mail users are entitled to the same expectation of privacy as persons using the telephone. The decision clarifies a gray area that has been exploited by law enforcement officials in federal — and some state — criminal investigations.

The federal law in question is the 1986 Stored Communications Act, which amended the 1960s-era Wiretap Act — both of which were amended by the Patriot Act in 2001.
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