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Fourth Amendment Concerns in a Digital Age

By Jonathan B. New and Michelle Young
November 22, 2011

In recent years, Federal law enforcement agents have increasingly sought and obtained secret court orders under the Stored Communications Act (SCA) requiring Internet service providers to disclose information about customer accounts, and cell phone providers to supply data enabling agents to track individuals' movements. These sealed orders allow the government to obtain information from individuals' e-mails and cell phones without a search warrant and without providing notification to the subject of the search.

Because the information obtained by means of a sealed order may become evidence in criminal actions against business entities, companies and their advisers need to understand the law, its consequences and the development of case law concerning privacy rights.

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