Regardless of the outcome for the Warshaks—or for the male enhancement business—the 6th Circuit case, United States v. Warshak, nevertheless marked the first time a federal appeals court extended Fourth Amendment protection to the contemporary world of email correspondence. The court, in an opinion by Judge Danny J. Boggs, held that an individual's reasonable expectation of privacy, the Fourth Amendment standard since 1967, applied to the content of emails stored in a third-party server.
Warshak claimed that government agents violated his privacy expectations by compelling his Internet service provider, NuVox, to turn over about 27,000 emails without first getting a warrant. The court upheld Warshak but allowed the search based on a separate statutory claim.
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