US court rules in favor of providing officials access to entire email account

The court in Washington, D.C., had earlier ruled that such a warrant would provide too much information to law enforcement

A judge in Washington, D.C., ruled that providing law enforcement with access to an entire email account in an investigation did not violate the Fourth Amendment to the U.S. Constitution that prohibits unreasonable searches and seizures of property.

The order Friday by Chief Judge Richard W. Roberts of the U.S. District Court for the District of Colombia reversed an earlier decision by Magistrate Judge John M. Facciola who refused to allow a two-step procedure whereby law enforcement is provided all emails relating to a target account, and is then allowed to examine the emails at a separate location to identify evidence.

The striking down of Judge Facciola's ruling will likely fuel the privacy debate in the country. A New York judge defended last month his order that gave the government access to all content of the Gmail account of a target in a money laundering investigation.

Magistrate Judge Gabriel W. Gorenstein of the U.S. District Court for the Southern District of New York held that courts have long recognized the practical need for law enforcement to seize documents if only to determine whether they fall within the warrant.

The opinion was at odds with decisions by judges in several courts, Judge Gorenstein noted.

In his review, Judge Roberts appears to have taken a similar view on the issue as Judge Gorenstein in New York.

Judge Roberts wrote that the two-step process is in compliance with the Fourth Amendment and the Federal Rule of Criminal Procedure 41. Asking a service provider to execute a search warrant could pose problems, as non-government employees, untrained in the details of criminal investigation, likely lack the requisite skills and expertise to determine whether a document is relevant to the investigation, he wrote.

Judge Gorenstein had also rejected the option of getting the email host to search the emails, stating that Google employees would not be able to figure the significance of particular emails.

Judge Facciola had earlier ruled that probable cause had not been established for all of the large quantities of emails the government wanted to seize, and recommended that the service provider, in this case Apple, should be asked to search for the relevant mails, rather than handing over all the information to government officials.

"What the government proposes is that this Court issue a general warrant that would allow a 'general, exploratory rummaging in a person's belongings'--in this case an individual's e-mail account," Judge Facciola wrote in March.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is

Join the PC World newsletter!

Error: Please check your email address.

Tags Internet-based applications and servicesMaillegalinternet

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Cool Tech

D-Link PowerLine AV2 2000 Gigabit Network Kit

Learn more >

ASUS ROG Swift PG279Q – Reign beyond virtual world

Learn more >

Crucial® BX200 SATA 2.5” 7mm (with 9.5mm adapter) Internal Solid State Drive

Learn more >

Lexar® Professional 1000x microSDHC™/microSDXC™ UHS-II cards

Learn more >

D-Link TAIPAN AC3200 Ultra Wi-Fi Modem Router (DSL-4320L)

Learn more >

Gadgets & Things


Learn more >

Lexar® Professional 1000x microSDHC™/microSDXC™ UHS-II cards

Learn more >

Lexar Professional 2000x SDHC™/SDXC™ UHS-II cards

Learn more >

Family Friendly

Lexar Professional 2000x SDHC™/SDXC™ UHS-II cards

Learn more >

ASUS VivoPC VM62 - Incredibly Powerful, Unbelievably Small

Learn more >

Lexar® Professional 1000x microSDHC™/microSDXC™ UHS-II cards

Learn more >

Stocking Stuffer

Lexar® Professional 1000x microSDHC™/microSDXC™ UHS-II cards

Learn more >

Lexar Professional 2000x SDHC™/SDXC™ UHS-II cards

Learn more >

Christmas Gift Guide

Click for more ›

Most Popular Reviews

Best Deals on PC World

Latest News Articles


GGG Evaluation Team

Kathy Cassidy


First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni


For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Steph Mundell


The Fujitsu LifeBook UH574 allowed for great mobility without being obnoxiously heavy or clunky. Its twelve hours of battery life did not disappoint.

Andrew Mitsi


The screen was particularly good. It is bright and visible from most angles, however heat is an issue, particularly around the Windows button on the front, and on the back where the battery housing is located.

Simon Harriott


My first impression after unboxing the Q702 is that it is a nice looking unit. Styling is somewhat minimalist but very effective. The tablet part, once detached, has a nice weight, and no buttons or switches are located in awkward or intrusive positions.


Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?