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.

All labels observed (2)

How this entity was disambiguated

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 Sixth Circuit ⓘ
citation 631 F.3d 266 (6th Cir. 2010) ⓘ
constitutionalProvisionInterpreted Fourth Amendment to the United States Constitution ⓘ
country United States ⓘ
court United States Court of Appeals for the Sixth Circuit ⓘ
decisionDate 2010-12-14 ⓘ
defendant Steven Warshak ⓘ
enBanc no ⓘ
fullName 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. ⓘ
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 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, Third Series ⓘ
linked to: Federal Reporter
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 ⓘ

How these facts were elicited

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 of America v. Steven Warshak ⓘ
linked to: United States v. Warshak