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Sanctions for an overly broad subpoena for E-mail records?

By September 8, 2003Uncategorized

Via Overlawyered comes an alert to a Ninth Circuit opinion by Judge Alex Kozinski that begins:

We consider whether defendants violated federal electronic privacy and computer fraud statutes when they used a “patently unlawful” subpoena to gain access to e-mail stored by plaintiffs’ Internet service provider.

I haven’t read the opinion, but apparently the answer is “yes.” I plan to read the opinion tonight; meanwhile, feel free to read it yourself (PDF format). Judge Kozinski is a great writer so, even if you aren’t a lawyer you might find it understandable (assuming you are interested in the arcana of subpoenas and discovery).

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