The following excerpt is from United States v. Mohamud, 843 F.3d 420 (9th Cir. 2016):
With respect to a U.S. person's privacy interest, we treat emails as letters. See, e.g. , [Redacted] , 2011 WL 10945618, at *26 (FISA Ct. Oct. 3, 2011) ("Whether they are transmitted by letter, telephone or e-mail, a person's private communications are akin to personal papers."); United States v. Warshak , 631 F.3d 266, 28586 (6th Cir. 2010) ("Given the fundamental similarities between email and traditional forms of communication, it would defy common sense to afford emails lesser Fourth Amendment protection."). Accordingly, until electronic communications reach the recipient, they retain the same level of privacy interest as if they were still in the home. See, e.g. , United States v. Van Leeuwen , 397 U.S. 249, 251, 90 S.Ct. 1029, 25 L.Ed.2d 282 (1970).
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