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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).

P.S. If you appreciate my observations, you might want to join my inner circle.
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