So in the DoJ's opinion, does merely having read email in your account void any protections? I think it's possible someone could use some good ol' plausible deniability here, and claim that every email that was in a given account was already opened. The onus would then be on whoever got broken into to prove that they didn't open a given email, rather than proving who broke into the account.
It seems to me that the DoJ doesn't particularly understand technology, and probably shouldn't be putting out opinions on such matters.
Paris, because she understands about as much as the DoJ