Dear mother of Gawd, I am tired of arguing with rocks

[leveymg]

103. Actually, the appellate courts are split on what constitutes "expectation of privacy,"

particularly email that ends up being stored a third-party's server.

You should read this - it's probably the best summary of the technologies and case law (to 2004) out there: http://www.americanbar.org/publications/criminal_justice_magazine_home/crimjust_cjmag_19_1_surveillance.html

The bottom line is the SCOTUS hasn't ruled on splits between the circuits about 4th Amend. email content, particularly that stored in 3rd party servers, even though by statute that is supposed to be secure. Content of phone calls requires a warrant but not metadata, which is swept up wholesale under the conceit that foreign terrorists are known to be using telco networks. First class mail is protected, but not the markings on the envelopes. Otherwise, things like bank records are open to search by issuance of Administrative letters, or they were until April when a court within the 9th Circuit found most of that method of gov't access to be illegal.

So, it's really not so simple as you would like to believe, Steven.