said by footballdude :

There is no privacy in e-mail. Unless it is encrypted, an email is wide open to every server it flows through on it's journey. Without an expectation of privacy, the fourth amendment doesn't apply.

said by footballdude :

I'm gonna go out on a limb and say that this will be overturned. One of the big considerations in whether authorities can snoop on something is if the parties involved had an expectation of privacy. There is no privacy in e-mail. Unless it is encrypted, an email is wide open to every server it flows through on it's journey. Without an expectation of privacy, the fourth amendment doesn't apply.

said by DaveO :

footballdude, that's like saying we don't have an expectation of privacy with the letters we mail because many postal workers handle it on its journey.

said by sd70mac666 :

so does that mean I can go out and shoot someone and argue in court that the cops and the prosecutor's office are violating my second amendment right?

said by N3OGH :

Ahh, but I think there's a certain flaw in your reasoning. See, it's all in the perception. The average person who uses e-mail is often led to believe it is secure. If you lose your password, it can be e-mailed to you. When you register for a new account someplace like BBR, they e-mail you your activation.

The average e-mail user isn't aware of how "out in the open" e-mail really is. Remember, it's all about the EXPECTATION of privacy, not the reality of it.

I think most non tech oriented people would expect their e-mail to be secure.

For most people, I think that expectation does exist, and I think most non tech people (like judges!) will see it that way.