DOJ: We Can Read Your Email Without A Warrant
Declan McCullough writes at CNET:
The U.S. Department of Justice and the FBI believe they don't need a search warrant to review Americans' e-mails, Facebook chats, Twitter direct messages, and other private files, internal documents reveal.Government documents obtained by the American Civil Liberties Union and provided to CNET show a split over electronic privacy rights within the Obama administration, with Justice Department prosecutors and investigators privately insisting they're not legally required to obtain search warrants for e-mail. The IRS, on the other hand, publicly said last month that it would abandon a controversial policy that claimed it could get warrantless access to e-mail correspondence.
...Still, the position taken by other officials -- including the authors of the FBI's official surveillance manual -- puts the department at odds with a growing sentiment among legislators who insist that Americans' private files should be protected from warrantless search and seizure. They say the same Fourth Amendment privacy standards that require police to obtain search warrants before examining hard drives in someone's living room, or a physical letter stored in a filing cabinet, should apply.
Every time we let government have more power, we endanger our democracy.








Over at Volokh Conspiracy, this was mentioned. Seems that in the absence of law (vs FCC regs etc) some rule a warrant is always needed, some that one is not needed, and some say one is not needed until some [vague] amount of time or number of intercepts is reached.
Then there are RIAA and MPAA and other groups checking users and issuing DMCA notices or copyright suits. "Bodgess? We doan need no steenkin bodges!"
John A at May 10, 2013 8:45 AM
Mo.
Crid [CridComment at gmail] at May 10, 2013 9:21 AM
I think this is good.
Let me explain, if the governemnt does not need a warrant or permission than neither do the people.
So hack the email servers of every government agency and read all the personal emails of every governemnt legislator and high level bureacrat.
Because according to the governemnt there is not one thing illegal about it
lujlp at May 10, 2013 9:51 AM
The DOJ says that. What do the courts say?
David L. Burkhead at May 10, 2013 11:03 AM
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