How do you think the 4th Amendment will be held to apply to e-mail and other...

How do you think the 4th Amendment will be held to apply to e-mail and other data transmitted over the internet?

Expert Solution

The Fourth Amendment provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
To determine whether the Fourth Amendment applies to a particular search, courts examine: 1) whether the person exhibited an actual (subjective) expectation of privacy; and 2) whether that expectation is one that society is prepared to recognize as reasonable
It probably wont since there have been several cases that have limited the government's ability to access email and other data transmitted via the Internet.
The government’s current practice of secretly obtaining private emails by subpoena is at odds with the fundamental principles of the Fourth Amendment. Recent challenges to these procedures may help to adapt privacy rights to fit our digital world.

Hayet Jeridi answered 8 months ago

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