Government Wants to Keep Free Access To Emails Absent A Warrant

This is news to me:

In its cur­rent form, ECPA pro­tects emails from gov­ern­ment snoop­ing for 180 days. When the law was ini­tially drawn up in 1986, email pro­viders routinely re­moved emails from their serv­ers a month or two after they were de­livered; users would gen­er­ally down­load the mes­sages they in­ten­ded to keep. Whatever re­mains on an email serv­er after 180 days is fair game for gov­ern­ment to ac­cess, with just a sub­poena—not a war­rant.

Today, ubi­quit­ous cloud-based email sys­tems like Gmail, which of­fer giga­bytes of stor­age for free, al­low the av­er­age user to keep his or her mes­sages—and cal­en­dars, con­tacts, notes, and even loc­a­tion data—on a pro­vider’s serv­ers in­def­in­itely.

The ECPA Amend­ments Act would re­quire law en­force­ment to get a war­rant to ac­cess serv­er-hos­ted in­form­a­tion, no mat­ter how old, and would re­quire the gov­ern­ment to no­ti­fy an in­di­vidu­al that his or her in­form­a­tion was ac­cessed with­in 10 days, with cer­tain ex­cep­tions.

But law en­force­ment of­fi­cials ex­pressed op­pos­i­tion to some of the bill’s pro­posed changes, ar­guing that its re­quire­ment for crim­in­al war­rants could leave civil lit­ig­at­ors without ac­cess to im­port­ant elec­tron­ic in­form­a­tion.

“The bill in its cur­rent form poses sig­ni­fic­ant risk to the Amer­ic­an pub­lic by im­ped­ing the abil­ity of the SEC and oth­er civil law en­force­ment agen­cies to in­vest­ig­ate and un­cov­er fin­an­cial fraud and oth­er un­law­ful con­duct,” said An­drew Ceres­ney, dir­ect­or of en­force­ment at the Se­cur­it­ies and Ex­change Com­mis­sion.

I never knew that after a few months, government could pull all my emails with just a subpoena from a friendly judge. I wonder if FEC investigations into political support for candidates and elections law are routinely opened to pull the emails of people like Rush, Levin, and political bloggers. No wonder Petraeus told Broadwell to use the draft folder.

In other domestic spy news,

In an investigation involving guns and drugs, the Justice Department obtained a court order this summer demanding that Apple turn over, in real time, text messages between suspects using iPhones.

Apple’s response: Its iMessage system was encrypted and the company could not comply.

Government officials had warned for months that this type of standoff was inevitable as technology companies like Apple and Google embraced tougher encryption. The case, coming after several others in which similar requests were rebuffed, prompted some senior Justice Department and F.B.I. officials to advocate taking Apple to court, several current and former law enforcement officials said.

While that prospect has been shelved for now, the Justice Department is engaged in a court dispute with another tech company, Microsoft. The case, which goes before a federal appeals court in New York on Wednesday and is being closely watched by industry officials and civil liberties advocates, began when the company refused to comply with a warrant in December 2013 for emails from a drug trafficking suspect. Microsoft said federal officials would have to get an order from an Irish court, because the emails were stored on servers in Dublin.

What this tells you is they have been pulling texts all along, off the books, from inside the company. Now that it is encrypted, whoever they had in the company pulling it couldn’t get it so they went through channels, only to find that even the company doesn’t have the access. That is a big argument for Apple products, though I would be surprised if there isn’t a backdoor somewhere. If there isn’t they will have one made soon. Already LE Intel is reviewing Tim Cook’s surveillance file for blackmail material. He may even have slept with a woman once at Burning Man.

I believe the other case just came down, the Judge ruled that if they can access it in the US with an Admin and Pass, they have to turn it over, no matter where the server is.

All your secrets are belong to us.

Apocalypse cometh™

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banger377
banger377
8 years ago

That old and no longer needed 3rd Amendment needs some explaining. It’s there because quartering troops in peoples homes was a burden on the folks stuck with them and the big one was to keep an eye on those individuals. The 3rd amendment is in essence, being violated by all this spying on the us Citizens. Imagine (well you don’t have to imagine) that people in the government can observe and hear all that their enemies and competitors are doing. The IRS is being used to squelch dissent, and interfere in campaigns they don’t agree with. We will be hard pressed to get out of this tyranny without bloodshed.