In United States v. Warshak (631 F3d 266, 288 [6th Cir 2010], reh and reh en banc denied [6th Cir, Mar. 7, 2011]), the Sixth Circuit held that absent some unusual explicit agreement which abrogated an email user's privacy rights, "a subscriber enjoys a reasonable expectation of privacy in the contents of emails that are stored with, or sent or received through, a commercial ISP." Commenting on the "explosion of Internet-based communication" the court explained: "People are now able to send sensitive and intimate information, instantaneously, to friends, family, and colleagues half a world away. Lovers exchange sweet nothings, and businessmen swap ambitious plans, all with the click of a mouse button . . . Online purchases are often documented in email accounts, and email is frequently used to remind patients and clients of imminent appointments" (631 F3d at 284). "Given the fundamental similarities between email and traditional forms of communication, it would defy common sense to afford emails lesser Fourth Amendment protection . . . Email is the technological scion of tangible mail, and it plays an indispensable part in the Information Age . . . If we accept that an email is analogous to a letter or a phone call, it is manifest that agents of the government cannot compel a commercial ISP to turn over the contents of an email without triggering the Fourth Amendment." (Id. at 285-286.)