Safeguarding Privacy on the Public Internet

New Jersey Law Journal


The Supreme Court has not considered whether individuals have a reasonable expectation of privacy in their e-mail. Deirdre Mulligan, a law professor at the University of California at Berkeley, argues they should. In a persuasive law review article, "Reasonable Expectations in Electronic Communications: A Critical Perspective on ECPA," 72 Geo. Wash. L. Rev. 1557 (2004), she points out that unlike the third-party businesses at issue in Miller and Smith, Internet Service Providers are "mere conduits" for information.