Steven Warshak v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where there is a reasonable expectation of privacy, probable cause standard controls, including particularity requirement
• concluding that SCA did not comport with Fourth Amendment, and was constitutionally invalid, to the extent disputed portions allowed disclosure of e-mail content without a warrant and without prior notice
• concluding that, if privacy expectations were deemed waived as to information a third-party “has the ability to access”, phone conversations, letters, and the contents of third-party storage containers would all be unprotected
• recognizing privacy interest in content of stored emails and calling related provisions of SCA into Constitutional question
• noting that our privacy interests go beyond not wanting to be incriminated
• “[T]he first ripeness factor— the likelihood that alleged harm will ever come to pass—is quite similar to the standing requirement of an imminent threatened injury.”

Source: CourtListener parenthetical corpus (CC0).