Much of the reluctance to apply traditional notions of third party disclosure to the e-mail context seems to stem from a fundamental misunderstanding of the lack of privacy we all have inour e-mails.
Of course, given that we all carry around our own personal digital trackers these days in the form of cell and smartphones, privacy and civil liberties advocates are already moving on to the next big location legal question: should the government need a warrant to get access to the whereabouts of your phone (and thus you)?