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Federal court in Ohio says e-mails private

By: The Associated Press//December 16, 2010

Federal court in Ohio says e-mails private

By: The Associated Press//December 16, 2010

CINCINNATI — An attorney sees a court’s opinion upholding e-mail privacy as potentially groundbreaking and possibly helpful to his client, the founder of a company that sold male enhancement pills.

Lawyer Martin Weinberg said Wednesday that e-mail evidence should have been excluded from the government’s case against Steven Warshak, who was convicted of fraud and other crimes related to his Ohio company which sold products including Enzyte pills, known for their “Smiling Bob” commercials.

The Sixth U.S. Circuit Court of Appeals in Cincinnati threw out Warshak’s 25-year sentence Tuesday. The court also said Warshak’s rights were violated when investigators obtained his e-mails without warrants, but it upheld his convictions. Weinberg wants the convictions overturned, too.

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