In December, a federal judge ruled that the 4th amendment applies to email and that the feds cannot go after it without a warrant. (We have Smilin' Bob to thank for that.) Though the federal judge's decision only applies to the four states in his jurisdiction, it looks like federal agencies are applying it nationally.

This is an important positive development. Leahy's update to the ECPA would bring it in line with this ruling.

Feds Shy Away From Raiding Email Without Warrant - Slashdot