Petition for Rehearing in Rehberg v. Paulk, the Eleventh Circuit E-mail Case

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.

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