Snake Oil And Search Warrants

Law360, New York (January 24, 2011, 11:37 AM EST) -- As the law struggles to adapt to the burgeoning digital age, both prosecutors and defense counsel confront new challenges in complex federal crimes. In its recent decision in United States v. Warshak, No. 08-3997, 2010 WL 5071766 (6th Cir. Dec. 14, 2010), the Sixth Circuit considered the Fourth Amendment warrant requirement in the context of the government's seizure of stored e-mail from the defendant's Internet service provider.

In a case of first impression, the Court of Appeals held that the Stored Communications Act, 18 U.S.C. §...
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