The 8th Circuit is considering an appeal in United States v. Dale Robert Bach, No. 02-1238). D.C. based Steptoe & Johnson posted a copy of the Memorandum and Order, United States v. Dale Robert Bach, Crim. File No. 01-221 (PAM/ESS), United States District Court for the District of Minnesota on their site.
See also EPIC’s amicus brief in the District Court case that involves a new aspect of the ever widening privacy battleground: law enforcement issuing a warrant to an ISP by fax to secure access to a suspect’s email, and the subsequent search of data conducted by the ISP employees rather than by law enforcement. EPIC argued that both activities constitute a fourth amendment violation, as the law “requires the presence of a police officer for the service of a warrant.”