Yahoo has been battling the Dept of Justice in federal court in Colorado over their right to have access to user email.  Yahoo has refused to give access to targeted user email saying that prosecutors are required to have warrants and email users are protected under the 4th Amendment.  Google, Electronic Frontier Foundation and Center For Democracy and Technology  have come to the aid of Yahoo in this fight under the notion that society relys on the privacy of email the same as it does personal docs or telephone conversations.  In 1986 a law was passed which the gave the gov’t the ability to access email without probable cause that was unopened for 180 days or more.  Now the gov’t is looking for email that is read and under 180 days old without probable cause.  This is a huge debate for the internet generation and I’m sure we will hear more in the months to come.

The Back Story:

On December 3, 2009, U.S. Magistrate Judge Craig Shaffer ordered Yahoo to hand to prosecutors certain records including the contents of e-mail messages. Yahoo divulged some of the data but refused to turn over e-mail that had been previously viewed, accessed, or downloaded and was less than 181 days old