] Issuing an egregiously overbroad subpoena for stored
] e-mail qualifies as a computer intrusion in violation of
] anti-hacking laws, a federal appeals court ruled
] Thursday, deciding a case in which a litigant in a civil
] matter subpoenaed every single piece of e-mail his
] courtroom adversary sent or received.

I share the mixed opinions of the commentators. The problem isn't that there ought to be serious criminal penalties for misuse of subpoena powers. Certainly there ought to be, but this attacks the symptom and not the problem. The problem is the ever widening group of people who can issue subpoenas for private information without any judicial oversight. Violent predators do not care about being in contempt of court. In serious misuse cases by the time you get around to arguing about the reasonablness of the subpoena the damage has already been done. The power of the court should only be used with the explicit approval of the court.

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