The United States Court of Appeals for the Sixth Circuit released it's opinion today here:
The appellate court has determined that it is constitutionally allowed for the government, under the Stored Communications Act to search and seize email communications, in contrast to Fourth Amendment principles of the constitution protecting individuals from unreasonable search and seizure.
The court based its rullng on several points. First, the court claims that it is "not 'fit' for jduicial review." It was concluded that there was an unlikely and circumstantial likelihood that the harm would occur again, aka the government searching Warshak's email records would ever occur in the future.
The court further concluded that the ripeness doctrine has prevented a ruling in this case, and that more actions by government concering delayed notice of search and seizure must take place to fully understand and rule on the actions.
Lastly, it seems that the court was unhappy with the fact that Warshak failed to bring a Bivens action, and for this lack of bringing a Bivens action, was penalized by bringing a constitutional challenge of the Stored Communications Act. |
