Can an ISP’s Terms of Service Defeat Fourth Amendment Protections?

June 9, 2026  |  New York Law Journal

Virtually every digital platform’s small print terms of service reserve the right to review users’ content. The government has argued that by clicking those terms users have agreed to permit warrantless searches – a view that would eviscerate Fourth Amendment protections in the digital age. In their latest New York Law Journal article, Morvillo Abramowitz Grand Iason & Anello P.C. partners Robert Anello and Richard Albert examine the Fourth Circuit's recent decision in United States v. Lowers, which rejected the government’s claim. As AI enables providers to expand their scanning of user content for illegal activity, the decision has important implications for white collar practitioners and the public. 

Can an ISP’s Terms of Service Defeat Fourth Amendment Protections?