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Reasonable Expectation of Privacy in Stored E-Mail? Sixth Circuit Says Maybe

June 25, 2007

By Behnam Dayanim and Kelly DeMarchis

In an important ruling issued last week, the United States Court of Appeals for the Sixth Circuit placed limits on the Governments power to seize e-mails under the Stored Communications Act (the SCA or the Act), finding that the e-mail account-holder in that case likely could demonstrate that he had a reasonable expectation of privacy in his communications.