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by Mike Masnick


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Feds Need A Warrant To Search Email

from the well-that's-nice dept

Remember just last week we were looking at a court case that was trying to work out whether social networking messages were more private than email? Well, now a federal appeals court has strengthened the privacy of good old email as well. It turns out that federal investigators need to obtain a warrant before they can go snooping through your email. Many people probably assumed that was already the case, but the Justice Department felt differently about the matter -- and now have had both a lower court and an appeals court disagree. Of course, there will likely be another appeal, so this may end up in front of the Supreme Court eventually. However, in the meantime, it looks like at least some courts are recognizing that email users should have an expectation of privacy when it comes to their communications.

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  1. Gonzales is ass covering

    by Anonymous Coward - Jun 19th, 2007 @ 4:17am

    Because the NSA snooping almost certainly grabbed the contents of all the email. If he can argue that email has no privacy rights then he hasn't committed a crime.

    It's all about staying out of jail for these guys now.

    (reply to this comment) (link to this comment)

  2. by Overcast - Jun 19th, 2007 @ 6:14am

    Actually, I assumed they monitored every bit of it.

    I think the NSA has invested too much in data centers, like those within AT&T's campus to just 'stop' reading emails...

    Of course, it may not be admissible in court until they get a warrant, but it's not like they are going to stop.

    Rights? Who needs those anyway, huh?

    (reply to this comment) (link to this comment)

  3. Re: Gonzales is ass covering

    by SPR - Jun 19th, 2007 @ 6:27am

    "It's all about staying out of jail for these guys now.
    "
    Who are you kiding, they won't go to jail for that, they just won't be able to use it as evidence.

    (reply to this comment) (link to this comment)

  4. It's about time

    by Greg S. - Jun 19th, 2007 @ 6:41am

    It's about time that the legislative process has caught up in its understanding of the fundamental importance of e-mail as a communication tool. Now, finally, with this protection, though I'm sure it will be challenged by President Bush's cronies, e-mail can finally move past one of its greatest challenges.

    (reply to this comment) (link to this comment)

  5. It's about time

    by Greg S. - Jun 19th, 2007 @ 6:42am

    It's about time that the judiciary process has caught up in its understanding of the fundamental importance of e-mail as a communication tool. Now, finally, with this protection, though I'm sure it will be challenged by President Bush's cronies, e-mail can finally move past one of its greatest challenges.

    (reply to this comment) (link to this comment)

  6. they need a warrant for it to be admissible in cou

    by chris - Jun 19th, 2007 @ 7:22am

    they will totally snoop everything they can before getting a warrant. in the industry that's called a fishing expedition.

    (reply to this comment) (link to this comment)

  7. FISA

    by Anonymous Coward - Jun 19th, 2007 @ 7:59am

    "Who are you kiding, they won't go to jail for that, they just won't be able to use it as evidence."

    NSA getting a direct tap off SF Internet for their Narus box is a violation of FISA. Every US Congressmans emails is included in that tap. Someone will go down for it.

    Gonzales is not liked by his own party, so he's prime candidate for the fall guy/Oliver North/Lynndie England role.

    (reply to this comment) (link to this comment)

  8. Email-Warrants

    by Carmelo Lisciotto - Jun 19th, 2007 @ 9:24am

    In the uneasy days of over-compliance this is a good thing.


    Carmelo Lisciotto

    www.carmelolisciotto.com

    (reply to this comment) (link to this comment)

  9. Encrypt Your EMail

    by Anonymous Coward - Jun 19th, 2007 @ 3:26pm

    Not that it will stop them from reading it, but will make them work harder to get at it. If everyone did that, they would spend too much time decoding everything and be days/weeks behind the traffic flow they capture. Give em H311!!

    (reply to this comment) (link to this comment)

  10. i care

    by rose - Aug 31st, 2007 @ 8:40am

    RTTGFJK

    (reply to this comment) (link to this comment)

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