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The Content/Envelope Distinction In Internet Law, Matthew J. Tokson
The Content/Envelope Distinction In Internet Law, Matthew J. Tokson
William & Mary Law Review
Whether a component of an Internet communication is classified as "content" or "envelope" information determines in large part the privacy protection it receives under constitutional and statutory law. Courts and Internet law scholars have yet to offer a means of determining the content/envelope status of unique aspects of Internet communications-from email subject lines to website URLs. As a result, data with the potential to expose every website, every Internet file downloaded, and every email sent by an Internet user may be unprotected under current law.
This Article develops a legal framework for distinguishing content from envelope information in unique areas …