Today a petition for rehearing was filed in Rehberg v. Paulk, the Eleventh Circuit decision I blogged about at length that takes a very minimalist view of e-mail privacy. I am happy to report that my friends at the Electronic Frontier Foundation have joined in and co-authored the petition for rehearing. I very much hope the Eleventh Circuit grants rehearing and revisits this decision, for the reasons explained in my earlier post. Rehearing is always an uphill battle, but I remain hopeful with this case: I suspect this is one of those cases in which the panel just didn’t realize the significance of the question or the implications of its opinion.
MarK Darvin says:
Good news. Thanks for the information.
April 1, 2010, 8:06 amTechnically Legal » Blog Archive » Episode 45: A Very Federal Day says:
[...] 11th Circuit on E-mail Privacy The Opinion When Courts No Longer Consider Email to be Private, What is Left? Eleventh Circuit Decision Largely Eliminates Fourth Amendment Protection in E-Mail Petition for Rehearing Filed [...]
April 12, 2010, 11:03 pm