United States v. Warshak

E333099

United States v. Warshak is a landmark Sixth Circuit Court of Appeals decision holding that the government generally must obtain a warrant to access the contents of emails stored by a service provider, significantly shaping Fourth Amendment protections for electronic communications.

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Statements (48)

Predicate Object
instanceOf Fourth Amendment case
United States federal appellate case
court case
affects law enforcement access to stored electronic communications
privacy expectations of email users
category United States Court of Appeals for the Sixth Circuit cases
United States Fourth Amendment case law
United States electronic privacy case law
circuit United States Court of Appeals for the Sixth Circuit
surface form: Sixth Circuit
citation 631 F.3d 266 (6th Cir. 2010)
constitutionalProvisionInterpreted Fourth Amendment to the United States Constitution
country United States of America
surface form: United States
court United States Court of Appeals for the Sixth Circuit
decisionDate 2010-12-14
defendant Steven Warshak
enBanc no
fullName United States v. Warshak self-linksurface differs
surface form: United States of America v. Steven Warshak
geographicCoverage Kentucky
Michigan
Ohio
Tennessee
goodFaithExceptionApplied yes
holding Email users have a reasonable expectation of privacy in the contents of their emails stored with a service provider.
Stored Communications Act
surface form: The Stored Communications Act is unconstitutional to the extent it allows the government to obtain email contents from a provider without a warrant.

The government must generally obtain a search warrant based on probable cause before compelling a commercial internet service provider to turn over the contents of a subscriber’s emails.
importance influential in shaping Fourth Amendment doctrine for digital communications
landmark decision on electronic communications privacy
jurisdiction United States Court of Appeals for the Sixth Circuit
surface form: Sixth Circuit
legalArea constitutional law
criminal procedure
electronic privacy law
legalIssue Fourth Amendment protection for email
reasonable expectation of privacy in email
warrant requirement for access to stored emails
page 266
panelDecision yes
plaintiff United States of America
precedentialStatus binding precedent within the Sixth Circuit
privacyPrinciple content of email is analogous to the content of letters and phone calls for Fourth Amendment purposes
remedy suppression of emails not granted due to good-faith reliance on the Stored Communications Act
reporter Federal Reporter
surface form: Federal Reporter, Third Series
requires probable cause for government access to email contents within the Sixth Circuit
resultForDefendant conviction largely affirmed
statuteCitation 18 U.S.C. §§ 2701–2712
statuteInterpreted Stored Communications Act
technologyContext email
internet service providers
volume 631

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Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Stored Communications Act subjectOf United States v. Warshak
United States v. Warshak fullName United States v. Warshak self-linksurface differs
this entity surface form: United States of America v. Steven Warshak