Afterwards, Levison wrote that after being contacted by the FBI, he was subpoenaed to appear in federal court, and was forced to appear without legal representation because it was served on such short notice; in addition, as a third party, he had no right to representation, and was not allowed to ask anyone who was not an attorney to help find him one. He also wrote that in addition to being denied a hearing about the warrant to obtain Lavabit's user information, he was held in contempt of court. The appellate court denied his appeal due to no objection, however, he wrote that because there had been no hearing, no objection could have been raised. His contempt of court charge was also upheld on the ground that it was not disputed; similarly, he was unable to dispute the charge because there had been no hearing to do it in. He also wrote that "the government argued that, since the 'inspection' of the data was to be carried out by a machine, it was exempt from the normal search-and-seizure protections of the Fourth Amendment