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IRS claims it can read your e-mail without a warrant | CNET News (McCullagh)

The Internal Revenue Service doesn’t believe it needs a search warrant to read your e-mail.

Newly disclosed documents prepared by IRS lawyers says that Americans enjoy “generally no privacy” in their e-mail, Facebook chats, Twitter direct messages, and similar online communications — meaning that they can be perused without obtaining a search warrant signed by a judge.

That places the IRS at odds with a growing sentiment among many judges and legislators who believe that Americans’ e-mail messages should be protected from warrantless search and seizure. They say e-mail should be protected by the same Fourth Amendment privacy standards that require search warrants for hard drives in someone’s home, or a physical letter in a filing cabinet.

An IRS 2009 Search Warrant Handbook obtained by the American Civil Liberties Union argues that “emails and other transmissions generally lose their reasonable expectation of privacy and thus their Fourth Amendment protection once they have been sent from an individual’s computer.” The handbook was prepared by the Office of Chief Counsel for the Criminal Tax Division and obtained through the Freedom of Information Act.

via IRS claims it can read your e-mail without a warrant | Politics and Law – CNET News.

Harvard to review privacy policies in wake of email search scandal – Computerworld (Jaikumar Vijayan)

Harvard University President Drew Faust has ordered a comprehensive review of the university’s email privacy polices amid disclosures that a secret search of some deans’ email accounts by administrators was broader than originally acknowledged.

Speaking at a meeting with Harvard’s Faculty of Arts and Sciences (FAS) on Tuesday, Faust expressed concern over the university’s “highly inadequate” institutional policies and processes for protecting email privacy.

“We have multiple policies across the university that vary across schools, with some faculties lacking any explicit policies at all,” Faust said in remarks posted verbatim by Harvard Magazine.

Calling the lack of email policies an “institutional failure,” Faust said she would create a task force to develop recommendations on university-wide policies and guidelines for email. Those recommendations will be made available for community discussion and university consideration by the end of the fall term

via Harvard to review privacy policies in wake of email search scandal – Computerworld.

Court Denies Motion for Protective Order or Cost-Shifting Related to Request to Utilize Sixty-Seven Search Terms : Electronic Discovery Law

Juster Acquisition Co., LLC v. N. Hudson Sewerage Auth., No. 12-3427 (JLL), 2013 WL 541972 (D.N.J. Feb. 11, 2013)

In this case, the court denied Defendant’s motion for a protective order “regarding the sixty-seven (67) electronic word searches” demanded by the plaintiff.  It also denied Defendant’s request that the cost of running those searches be shifted to the plaintiff.

Plaintiff’s first Request for Production included a list of 67 proposed search terms to be run against Defendant’s ESI.  In response, Defendant sought a protective order or, alternatively, an order shifting the costs associated with the search, arguing it was “entitled” to a protective order because it had already produced 8000 pages of responsive documents (in hard copy) and because, in its view, the requested search terms were “quite broad and vague.”

The court quickly denied the motion for a protective order, however, finding the defendant had “failed to provide any law or analysis in support of its request . . . .”  Among the court’s reasons for denying the motion were Defendant’s failure to show “how it would be unreasonably cumulative or duplicative to perform the requested discovery search” and Defendant’s failure to provide certification that it had conferred or attempted to confer with the plaintiff to resolve the dispute.

via Court Denies Motion for Protective Order or Cost-Shifting Related to Request to Utilize Sixty-Seven Search Terms : Electronic Discovery Law.

Harvard scrambles to explain why it secretly searched deans’ emails – Computerworld (Jaikumar Vijayan)

Harvard University officials on Monday scrambled to contain the fallout from a damaging report in The Boston Globe over the weekend disclosing how administrators secretly accessed email accounts belonging to 16 resident deans at the university.

In a statement issued on Monday, Harvard Deans Michael Smith and Evelynn Hammonds acknowledged that the search described in the Globe report had happened. However, they maintained the search was done in an extremely limited and thoughtful manner to identify an individual who shared a confidential email with an unauthorized person.

Though the specific email was inconsequential, the fact that it was forwarded word-for-word to someone else was concerning, the deans said in their statement. The disclosure prompted concerns that other information, especially sensitive student information, was at risk of similar disclosure.

via Harvard scrambles to explain why it secretly searched deans’ emails – Computerworld.

U.S. court says feds need reasonable suspicion to search laptops at borders – Computerworld (Jaikumar Vijayan)

Less than six week after the Department of Homeland Security (DHS) issued a civil rights impact assessment stating that the government needed no warrant or cause to search laptops and other electronic devices at U.S. borders, a federal appellate court has ruled otherwise.

In what is seen as a significant ruling, the U.S. Court of Appeals for the Ninth Circuit last week held that border agents do need to have reasonable suspicion in order to conduct forensic searches of electronic devices belonging to travelers at the border.

“The uniquely sensitive nature of data on electronic devices, which often retain information far beyond the perceived point of erasure, carries with it a significant expectation of privacy,” the court noted.

via U.S. court says feds need reasonable suspicion to search laptops at borders – Computerworld.