from the all-for-what? dept
Under the 1986 Electronic Communications Privacy Act, federal authorities need only a subpoena approved by a federal prosecutor — not a judge — to obtain electronic messages that are six months old or older. To get more recent communications, a warrant from a judge is required. This is a higher standard that requires proof of probable cause that a crime is being committed.But even that isn't entirely clear. Folks like Julian Sanchez have been puzzling through the timeline of events and wondering how a simple investigation into a small number of "rude" (but not illegal) emails then uncovered thousands of questionable emails involving a different general as alleged in the news that broke last night. It feels like the FBI may have taken a simple report of misconduct (which may have been driven by another love triangle issue involving an FBI agent who seemed to take the whole thing a lot more personally than makes sense) and turned it into a massive fishing expedition.
Given how fast new parts of this story keep breaking, I'm sure there are still a number of other dominoes to fall, but hopefully this actually gets people to pay attention to just how easy it is for law enforcement to snoop on people's emails these days based on next to nothing.