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Govt claims warrantless access to e-mail via third party servers
From: David Farber <dave () farber net>
Date: Fri, 22 Dec 2006 08:44:05 -0500
Begin forwarded message: From: Brett Glass <brett () lariat net> Date: December 21, 2006 1:21:53 PM EST To: dave () farber netSubject: Govt claims warrantless access to e-mail via third party servers
Dave:I'm surprised that this hasn't been mention on the IP list yet, but apparently the government is claiming in court that it doesn't need a search warrant, and doesn't need to notify you, before it can tap your e-mail if it is stored on a third party's server (e.g. Hotmail, Yahoo! Mail, or even an intermediate machine which is forwarding e- mail on to its final destination). Apparently, the government is interpreting a very dated law called the Stored Communications Act of 1986 -- written before most people had e-mail -- to allow this. See
http://www.startribune.com/789/story/884388.htmlfor an article on the subject. As with Miranda, the test case is certainly no saint but nonetheless may have a valid constitutional argument.
For the text of the law itself (to which there was no link in the article), see
http://www.cybercrime.gov/ECPA2701_2712.htmIt seems to me that this is another example of a "public/private loophole" -- a term I've coined to describe situations in which government attempts to circumvent constitutional restrictions by enlisting private companies to do what government is constitutionally proscribed from doing. (Another example would be government accessing users' credit reports to gather personal information that would normally require a warrant to obtain.)
--Brett Glass ------------------------------------- You are subscribed as lists-ip () insecure org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- Govt claims warrantless access to e-mail via third party servers David Farber (Dec 22)