Eric Eckes Takes Fourth Amendment Fight to SCOTUS

Teaming up with the MacArthur Justice Center (, Eric has filed a Petition for Cert to the United States Supreme Court on an issue he has been litigating for years. Hopefully, the Court will take notice of the incredibly important privacy issues raised. As written in the petition:

[N]o principle limits the government’s authority to trespass on emails to child pornography. Under the government’s theory, it can compel any private correspondence from a service provider and, provided the service provider looks at the file before sending it (even just algorithmically), the government is free to examine the private correspondence, too. Google, for instance, uses digital fingerprint hashing to identify other kinds of content on its services, such as copyright violations. Could the government compel Google to send private emails containing copyrighted news articles, images, or videos to the government for examination and prosecution? See 17 U.S.C. § 506(a) (criminal copyright infringement). Could the government compel Google to forward any emails containing pictures of a firearm to law enforcement for warrantless examination, too? According to the decision below, yes. Provided the government could point to Google or any other private person who had previously looked at the email, even algorithmically, the government can compel the email and take a look without even implicating the Fourth Amendment.

Miller Cert Petition 2021-02-25_FINAL