No Fourth Amendment Protection for E-Mail Addresses and IP Adresses

Orin Kerr at The Volokh Conspiracy reports:

No Fourth Amendment Protection in E-Mail Addresses, IP Addresses, Ninth Circuit Holds: Commentators and Congress have long assumed that government surveillance of non-content “header” information like e-mail addresses and IP addresses, typically done by a service provider, do not violate a Fourth Amendment “reasonable expectation of privacy.” Today the Ninth Circuit became the first court to hold this directly in United States v. Forrester.

You can read the opinion here. From the opinion:

Alba challenges the validity of computer surveillance that enabled the government to learn the to/from addresses of his e-mail messages, the Internet protocol (“IP”) addresses of the websites that he visited and the total volume of information transmitted to or from his account. We conclude that this surveillance was analogous to the use of a pen register that the Supreme Court held in Smith v. Maryland, 442 U.S. 735 (1979), did not constitute a search for Fourth Amendment purposes.

(Via How Appealing)

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s