Target of government investigation was entitled to a preliminary injunction barring federal government agents from compelling his Internet service provider (ISP) to disclose the contents of his email without a warrant, notice, or a hearing. Such a disclosure would violate his rights under the Fourth Amendment, and a federal statute. A person retains a reasonable expectation of privacy as to the content of e-mail, even though they are stored with, sent, or received through a commercial ISP. The fact that such emails might be screened to exclude spam, viruses, and child pornography did not remove that reasonable expectation of privacy. The court did state that, if the defendant government could demonstrate factually that the plaintiff had waived his expectation of privacy in relation to the ISP, then disclosure of the emails through a mere notice to the ISP would be allowable. Warshak v. US, No. 06-4092, 2007 U.S. 14297 (6th Cir.).
     301:13 Police officers entitled to qualified immunity for seizing, pursuant to valid warrant, computer used to transmit obscene materials, even if it also contained non-obscene electronic mail belonging to users of on-line computer bulletin board; good faith reliance on search warrant gave officers complete statutory defense to claim under federal statute barring unauthorized interception of electronic communications. Davis v. Gracey, 111 F.3d 1472 (10th Cir. 1997).