Thanks the CAAFLog here is a link to the new Naval Law Review and an article about .
I had just such a case last week.
Here is a link to the JER provisions that are applicable.
Here is a link to the current form that all naval service users are supposed to sign before they get an account – OPNAV-5239 (July 2008 ed.). Interesting items include:
Communications using, or data stored on, this information system are not private, are subject to routine monitoring, interception, and search, and may be disclosed or used for any U.S. Government-authorized purpose.
Notwithstanding the above, using an information system does not constitute consent to personnel misconduct, law enforcement, or counterintelligence investigative searching or monitoring of the content of privileged communications or data (including work product) that are related to personal representation or services by attorneys, psychotherapists, or clergy, and their assistants. Under these
circumstances, such communications and work product are private and confidential, as further explained below[.]
In connection with the NLR you might be interested in Orin S. Kerr,Applying the Fourth Amendment to the Internet: A General Approach, 62 STAN. L. REV. 1005 (2010). There is a summary of this article here. You can find Prof. Kerr blogging about fourth amendment issues at various sites.
I note, thanks to CAAFLog, that Professor Kerr spoke at the Fulton Conference on these issues. Thus a good reason to read Professor Kerr’s article.