A recent ruling in the Sixth Circuit Court of Appeals held that the government must get a warrant to read stored emails [1]. The opinion was in large part based

A recent ruling in the Sixth Circuit Court of Appeals held that the government must get a warrant to read stored emails [1]. The opinion was in large part based on the "fundamental similarities between email and traditional forms of communication" [2]. Having established that the 4th amendment does indeed apply to email, the question is how the 4th amendment works between spouses. In Burdeau v. McDowell the Supreme Court ruled that "the origin and history [of the Fourth Amendment] clearly show that it was intended as a restraint upon the activities of sovereign authority, and was not intended to be a limitation upon other than governmental agencies" [3]. Further, in the Supreme Court ruled that (emphasis mine) "[the Fourth Amendment] does not apply to a search or seizure, even an unreasonable one, effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any governmental official." [4] Thus I'm not sure under what legal basis reading your spouse's email could be considered a crime (although ethically it is reprehensible). (Note, no training as a lawyer. Just interested in the law.) [1] https://www.eff.org/deeplinks/2010/12/breaking-news-eff-victory-appeals-court-holds https://www.eff.org/deeplinks/2010/12/breaking-news-eff-vict... [2] https://www.eff.org/files/warshak_opinion_121410.pdf https://www.eff.org/files/warshak_opinion_121410.pdf [3] http://supreme.justia.com/us/256/465/case.html http://supreme.justia.com/us/256/465/case.html [4] http://supreme.justia.com/us/447/649/case.html http://supreme.justia.com/us/447/649/case.html