As Emily Litella famously said: "Nevermind." In a post here last week, E-Mail Not Protected by 4th Amendment, Judge Says, we discussed a federal judge's ruling that the Fourth Amendment's protection against unreasonable searches and seizures does not apply to e-mail. Our source was a post by Orin Kerr, professor at George Washington University Law School, at The Volokh Conspiracy. But the next day, Kerr posted the text of the opinion along with an important correction: In the course of re-reading the opinion to post it, I recognized that I was misreading a key part of the opinion. As I read it now, Judge Mosman does not conclude that e-mails are not protected by the Fourth Amendment. Rather, he assumes for the sake of argument that the e-mails are protected (see bottom of page 12), but then concludes that the third party context negates an argument for Fourth Amendment notice to the subscribers. So what did the opinion say? The case involved search warrants for e-mail issued under the...