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I also see here a difference between web based email, such as Yahoo and gmail, versus POP email which is downloaded from a remote server to your hard drive.
I am sure that ISPs keep emails in archive form, but what about the legal ramifications of email that was never intended to by stored 'online' and is residing on the defendants hard drive?
Once again, however, if you are doing something that you want to keep private, good encryption is the way to go. NAG3 your email!
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