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View Full Version : Warrantless email searches US Dept Justice



Christopher
04-16-2010, 10:52 AM
I know I was thought paranoid because cell phones can be listened to.
So is this ok also??? just curious

Full Article titled "Google backs Yahoo in privacy fight with DOJ"

http://news.cnet.com/8301-13578_3-20002423-38.html

Clip from Article...

The judge should "reject the government's attempted end-run around the Fourth Amendment and require it to obtain a search warrant based on probable cause before searching and seizing e-mails without prior notice to the account holder," the coalition brief filed Tuesday says. The Bill of Rights' Fourth Amendment (http://caselaw.lp.findlaw.com/data/constitution/amendment04/) prohibits unreasonable searches and, in general, has been interpreted to mean warrantless searches are unreasonable.
The legal push in Colorado federal court, and a parallel legislative effort in Congress to update the 1986 Electronic Communications Privacy Act, is likely to put the coalition at odds with the Obama administration.
A few weeks ago, for instance, Justice Department prosecutors told (http://www.pgh-offroad.com/8301-13578_3-10451518-38.html) a federal appeals court that Americans enjoy no reasonable expectation of privacy in their mobile device's location and that no search warrant should be required to access location logs.
The U.S. Attorney's office in Colorado did not immediately respond to a request for comment.
Update 8:15 p.m. PDT Tuesday: I've heard back from a Justice Department representative who says he'll be able to answer questions on Wednesday after he talks to the cybercrime section.
Update 9 a.m. PDT Wednesday: The Electronic Frontier Foundation has posted (http://www.eff.org/press/archives/2010/04/13) a statement on the case, with EFF attorney Kevin Bankston saying: "The government is trying to evade federal privacy law and the Constitution." Yahoo's brief (http://www.eff.org/files/filenode/inreusaorder18/yahooresponse.pdf) is also worth noting. Like the coalition's filing, it argues that "users have a reasonable expectation of privacy in their e-mails" and says the Fourth Amendment requires police to obtain a warrant to peruse stored messages. And it confirms that prosecutors want "all e-mail" in the targeted Yahoo Mail accounts, even if it's not relevant to the investigation or could include documents protected by the attorney-client privilege.
Update 9:30 a.m. PDT Wednesday: Yahoo has sent over a statement saying: "Yahoo values our trusted relationships with our users and works to protect their privacy while at the same time fulfilling our legal responsibilities. Yahoo's filing in this matter is a public document. Beyond what is contained in that document, Yahoo has no comment on the specifics of the case."

Dick.Breakey
04-25-2010, 09:36 PM
so noones responded to this. and im pretty surprised. im pretty fuc*ing pissed. i mean where the hell do they think they have the right to get in our sh*t for no good reason? i hate this obama administration and i hate what they stand for. if we do not do something about his regime at the polls in November we are in for a hellish ride to the end of his term. he will take all of our liberties away from us. yall know he has a less than energetic agenda for us keeping our right to own weapons. we may have forgotten about this, but he wil try and take that from us. he hates America for what it is, and keeps apologizing for how we have become the way we are, to our enemies. he will ruin this country if he has the ability. im so pissed and fired up i could go on all night. please, people who enjoy their free will, lets stand up for what we have, love, cherish and want to pass on to our families. all it takes is the right choices at the poll this november.

end rant

OverkillZJ
04-26-2010, 08:21 AM
I find myself having less time to be pissed off lately :)

muddeprived
04-26-2010, 08:28 AM
I don't see any problems. Don't do anything stupid and don't hide shi$ in emails and nothing will happen.

Even if they did make it so a warrant was required, they could still get in your emails without anyone knowing. Hackers do it all the time and you know how the gov't is. They get what they want. :037:

I never considered email or online stuff as important things or private things. I do, however, demand full privacy to stuff on MY computer, such as files, documents, etc.

Super Scout
04-26-2010, 08:31 AM
They have already been doing this for years, I forget the name of the program but if you send an email or any correspondance on the internet with certain words in it the program will pick up on it and the government will know.

96greenxjjeep
04-26-2010, 08:33 AM
x2

Muzikman
04-26-2010, 09:11 AM
Email has never been private. Should it be....sure, but it's not and never was.

beat1078
04-26-2010, 10:06 AM
If you want your email to be private use encryption.

If you think your communication is not subject to being looked at you are wrong.

Alley
04-26-2010, 10:23 AM
Most of my email is complaining about my day and how Mondays suck...and ofcourse when my computer just isn't cooperating with me and needs fixed! If some boring goverment offical finds entertainment in that.... Good for them!!

Christopher
04-26-2010, 10:26 AM
I'm guessing none of you understood what went on in the USSR.

It's a slow creep :020:

OverkillZJ
04-26-2010, 10:38 AM
e-mail is, and never was secure. I guess that's why it doesn't bug me. This isn't about them routing through my snail-mail and entering my house or seizing my computer - its about peaking at something that was never secure in the first place.

If there's something you want to keep private - dont' email it, seriously.

Christopher
04-26-2010, 10:58 AM
Do you do illegal things in your mail? Why not let them read that also?

I am trying to make people think and see how this has gone before. I am not doing anything illegal and am guaranteed protections by our constitution.

Government run by man will Always go corrupt if not kept in check.

When you start making loop holes you get problems

Freedom means sometimes it is hard to catch bad people. But you do it according to the constitution. It is not easy

No freedom means you are all assumed guilty and watched and controlled. by a group in power.

I do not want that. I'll live with the risks and take freedom

I do not know the exact founding father quote but it goes " he who will give up freedom for security deserves neither."

Dick.Breakey
04-26-2010, 03:13 PM
I'm guessing none of you understood what went on in the USSR.

It's a slow creep :020:

exactly. This is my point, as well as ur last post chris. It starts like this. They're trying to take over you life a little bit at a time. I don't do anything wrong through my emails either, but I sure as hell don't think it's ok for some government dick to be looking through my stuff. If someone goes through my paper mail it's a felony. If someone knowingly tries to see my emails without permission, it should be governed the same way. I don't feel the tangible difference should be what seperates the governing line. It's mail, weather it be transmitted via the internet or my horseback, it is illegal to 'open' my mail withoout my knowledge or say so.

TimMichaels
04-26-2010, 05:40 PM
exactly. This is my point, as well as ur last post chris. It starts like this. They're trying to take over you life a little bit at a time. I don't do anything wrong through my emails either, but I sure as hell don't think it's ok for some government dick to be looking through my stuff. If someone goes through my paper mail it's a felony. If someone knowingly tries to see my emails without permission, it should be governed the same way. I don't feel the tangible difference should be what seperates the governing line. It's mail, weather it be transmitted via the internet or my horseback, it is illegal to 'open' my mail withoout my knowledge or say so.

Difference is that electronic signals are essentially being broadcast over public networks as opposed to concealed documents being delivered physically from location to location. This is a definition of most media communications, including e-mail, that has been used for quite some time. Don't act like it's something Obama has suddenly concocted himself. You can thank Cold War paranoia for it, instead.