Putting aside the vague term reasonable for a moment, we should really examine that the fourth amendment states "... and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
I think we need to analyze "persons" or "things" in an electronic light... could things be roughly analogous to "a mailbox" and could persons be "a person's electronic mail account"?
You can't just state on your warrant "I want all of the things!", you must stipulate that "I want Ben's mail account and logs of all his activity on your service." If there is no way of extracting that information without compromising everyone else's privacy, does the law state "in cases like this, the constitution should be violated to satisfy the terms of the warrant"? or does the law state "the terms of this warrant cannot be enforced without breaching the constitutional rights of at least one other party and thus is illegal"?
It's my guess (and I'd like to emphasise the word guess as I really have no idea), that any reasonable judge (that wasn't on the payroll of the NSA or FISA court) would deem this is an illegal search warrant because it's in violation of every other Lavabit user's fourth amendment rights.
Anyway, that's all by-the-by. The judge who is attempting to enforce this ridiculous debacle (and I use the word ridiculous in the sense of hilarity because every new development is a source of mirth) clearly doesn't give a shit about anyone's fourth amendment rights, and he's pissed at Levison's continued contempt of court so he's stamping his feet like a spoiled little four year old who's just been told he's not getting Dunkin' Donuts for dinner, while getting a schooled by an internet Hero... with a capital H.
I think we need to analyze "persons" or "things" in an electronic light... could things be roughly analogous to "a mailbox" and could persons be "a person's electronic mail account"?
You can't just state on your warrant "I want all of the things!", you must stipulate that "I want Ben's mail account and logs of all his activity on your service." If there is no way of extracting that information without compromising everyone else's privacy, does the law state "in cases like this, the constitution should be violated to satisfy the terms of the warrant"? or does the law state "the terms of this warrant cannot be enforced without breaching the constitutional rights of at least one other party and thus is illegal"?
It's my guess (and I'd like to emphasise the word guess as I really have no idea), that any reasonable judge (that wasn't on the payroll of the NSA or FISA court) would deem this is an illegal search warrant because it's in violation of every other Lavabit user's fourth amendment rights.
Anyway, that's all by-the-by. The judge who is attempting to enforce this ridiculous debacle (and I use the word ridiculous in the sense of hilarity because every new development is a source of mirth) clearly doesn't give a shit about anyone's fourth amendment rights, and he's pissed at Levison's continued contempt of court so he's stamping his feet like a spoiled little four year old who's just been told he's not getting Dunkin' Donuts for dinner, while getting a schooled by an internet Hero... with a capital H.
</rant>