In the Matter of the Application of the United States of America for a Search Warrant for Contents of Electronic Mail and for an Order Directing a Provider of Electronic Communication Services to Not Disclose the Existence of the Search Warrant

665 F. Supp. 2d 1210 (2009)

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In the Matter of the Application of the United States of America for a Search Warrant for Contents of Electronic Mail and for an Order Directing a Provider of Electronic Communication Services to Not Disclose the Existence of the Search Warrant

United States District Court for the District of Oregon
665 F. Supp. 2d 1210 (2009)

  • Written by Sharon Feldman, JD

Facts

[Information not provided in casebook excerpt.]

Rule of Law

Issue

Holding and Reasoning (Mosman, J.)

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Casebooks

Cyberspace

Key Terms

  • Fourth AmendmentAn amendment to the United States Constitution that protects against unreasonable searches and seizures and mandates that warrants be based upon probable cause and that they define the scope of the search or seizure with particularity.
  • Electronic Communications Privacy Act of 1986 (ECPA)A federal statute that updated the Federal Wiretap Act of 1968 to extend privacy protections to electronic communications, including email, telephone conversations, and data stored electronically. The ECPA protects wire, oral, and electronic communications while they are being made and when they are stored.
  • Title II of the Electronic Communications Privacy Act of 1986 (ECPA)[18 U.S.C. 121 §§ 2701–2712] Also known as the Stored Communications Act (SCA), a federal law designed to protect the privacy of stored electronic communications.
  • Internet Service Provider (ISP)A business that provides its subscribers with Internet access.
  • Reasonable Expectation of PrivacyStandard used to determine whether Fourth Amendment protections apply to a search or seizure.

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