This Article examines what procedural hurdles the government must overcome in order to compel service providers to turn over digital communications. Specifcally, Warshak v. United States raises these very questions because it asks the Sixth Circuit to determine what showing a court should require of the Government, under the Stored Communications Act. This article also examines whether those statutory requirements under the SCA satisfy the Fourth Amendment to the Constitution.
Freiwald, Susan and Bellia, Patricia L.
"The Fourth Amendment Status of Stored E-mail: The Law Professors' Brief in Warshak v. United States,"
University of San Francisco Law Review: Vol. 41:
4, Article 2.
Available at: https://repository.usfca.edu/usflawreview/vol41/iss4/2