General Discussion
In reply to the discussion: Dear mother of Gawd, I am tired of arguing with rocks [View all]OnyxCollie
(9,958 posts)Some Content Receives Stronger Protection
https://ssd.eff.org/book/export/html/42
New unopened communications: If the email or voice-mail messages are unopened or unlistened to, and have been in storage for 180 days or less, the police must get a search warrant. However, you are not notified of the search.
Opened or old communications: If you have opened the stored email or voice-mail messages, or they are unopened and have been stored for more than 180 days, the government can use a special court order the same D orders discussed or a subpoena to demand your communications. Either way, the government has to give you notice (although, like with sneak & peek search warrants, that notice can sometimes be delayed for a substantial time, and as far as we can tell almost always is delayed). However, the police may still choose to use a search warrant instead of a D order or subpoena, so they dont have to give you notice at all.
Notably, the Ninth Circuit Court of Appeals has disagreed with the government's reading of the law, finding that communications are in electronic storage even after they are opened meaning that the government needs a warrant to obtain opened messages in storage for 180 days or less.