Case seeks protection of private e-mail

The Electronic Frontier Foundation and an attorney for a Georgia whistleblower Wednesday asked the U.S. Court of Appeals for the 11th Circuit in Atlanta to reexamine an appeals panel ruling that EFF says violated the whistleblower's constitutional right to privacy of his e-mail communications.

The case involves Charles Rehberg, who alerted local politicians to the systemic mismanagement of funds he uncovered at a George public hospital. In a news release, EFF claims a local prosecutor for Dougherty County conspired with the hospital to obtain Mr. Rehberg's personal e-mail communications by presenting him with a bogus grand jury subpoena. Rehberg also was charged for a burglary and assault that didn't occur - charges that were later dismissed.

Rehberg filed a civil lawsuit against the prosecutors for this misconduct. An appeals court later ruled that he did not have a reasonable expectation of privacy in his private email - a ruling EFF and Rehberg's attorney are disputing in their request for a rehearing.

"It's well established that individuals have a right to privacy in the content of their communications, electronic or otherwise," EFF Civil Liberties Director Jennifer Granick said in a statement. "We're asking the court to look at this again and follow the law."