Email Searches, the SCA and the Hybrid Search Warrant

, New York Law Journal


In his Cyber Crime column, Peter A. Crusco, executive assistant district attorney, investigations division, Office of the Queens County District Attorney, writes: Third-party entities storing treasure troves of information have been on the front line in litigation concerning the legality of disclosure of such information, and email evidence as expected has been at the center of the controversy. Recurring questions include what legal standards apply to the disclosure of customer emails stored by ISPs? Does the Fourth Amendment's particularity command prevent the seizure of a customer's entire email account?

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