☰ In this section

The Champion

March 2011 , Page 46 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Sixth Circuit: SCA Unconstitutional to Extent It Permits Warrantless Seizure of Emails From ISP

By Martin G. Weinberg; Robert M. Goldstein

In the August 2007 issue of The Champion, we authored an article contending that the government’s use of the Stored Communications Act1 (SCA) to seize emails from a citizen’s Internet Service Provider (ISP) without a warrant violated the Fourth Amendment, relying upon Warshak v. United States2 — a case we both litigated — as a paradigm for future litigation regarding the intersection of the SCA and the Fourth Amendment. Steven Warshak was the target of a federal criminal investigation. He brought a civil challenge to the government’s use of secret subpoenas, issued pursuant to 18 U.S.C. § 2703(b) and § 2703(d), to compel his ISP to produce more than 26,000 emails. A panel of the Sixth Circuit originally held that the government’s warrantless seizure of the emails did indeed violate the Fourth Amendment, but that decision was subsequently vacated on procedural grounds by the en banc court,3 which deferred deciding the grave Fourth Amendment issues raised by t

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us