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All the more reason to run your own mail server: http://volokh.com/2009/10/28/district-judge-concludes-e-mail-not-protected-by-fourth-amendment/ ... > When a person uses the Internet, however, 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. ... > First, it is uncertain whether we have a reasonable expectation of > privacy in information sent through or stored by ISPs because the Fourth > Amendment does not protect information revealed to third parties. If this stands, I imagine it will have the exact same effect as what the British cops say will happen if their 3-strikes law goes into effect: email encryption becomes standard operating procedure for everyone, and law enforcement's job actually gets more difficult: http://techdirt.com/articles/20091027/0254326689.shtml It's also not a good precedent for cloud-computing, google apps, amazon s3, etc. Matt
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