The 9th U.S. Circuit Court of Appeals today backtracked from a sweeping set of data privacy guidelines issued last year in connection with the federal investigation of steroids in baseball. The guidelines in Chief Judge Alex Kozinski’s majority opinion a year ago are now relegated to a nonbinding concurring opinion.

The guidelines in the original en banc opinion were aimed at protecting traditional Fourth Amendment rights in the age of electronic data, and had the apparent support of seven other judges.