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WARSHAK v. U.S.

No. 06-4092.

532 F.3d 521 (2008)

Steven WARSHAK, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 11, 2008.

Attorney(s) appearing for the Case

ARGUED: Steven L. Lane, United States Department of Justice, Washington, D.C., for Appellant. Martin G. Weinberg, Law Offices, Boston, Massachusetts, for Appellee. ON BRIEF: Steven L. Lane, Nathan P. Judish, John H. Zacharia, United States Department of Justice, Washington, D.C., Benjamin C. Glassman, Donetta D. Wiethe, Assistant United States Attorneys, Cincinnati, Ohio, for Appellant. Martin G. Weinberg, Law Offices, Boston, Massachusetts, Martin Stanley Pinales, Sirkin, Pinales & Schwartz, Cincinnati, Ohio, for Appellee. Kevin S. Bankston, Electronic Frontier Foundation, San Francisco, California, Patricia L. Bellia, Notre Dame Law School, Notre Dame, Indiana, Susan A. Freiwald, University of San Francisco School of Law, San Francisco, California, for Amici Curiae.

SUTTON, J., delivered the opinion of the court, in which BOGGS, C.J., BATCHELDER, GILMAN, GIBBONS, ROGERS, COOK, McKEAGUE, and GRIFFIN, JJ., joined. MARTIN, J. (pp. 534-38), delivered a separate dissenting opinion in which DAUGHTREY, MOORE, COLE, and CLAY, JJ., joined.

OPINION

SUTTON, Circuit Judge.

Since 1986, Title II of the Electronic Communications Privacy Act of 1986, Pub.L. No. 99-508, § 201, 100 Stat. 1848, codified as amended at 18 U.S.C. §§ 2701-2711, commonly referred to as the Stored Communications Act, has authorized the federal government to require internet service providers to disclose the contents of "electronic communication[s]" of their customers in certain circumstances, including...

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