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FBI Documents Suggest That Feds Read Your Emails Without a Warrant | Gizmodo (ACLU)

May 8, 2013 by Leave a Comment

New documents from the FBI and U.S. Attorneys’ offices paint a troubling picture of the government’s email surveillance practices. Not only does the FBI claim it can read emails and other electronic communications without a warrant—even after a federal appeals court ruled that doing so violates the Fourth Amendment—but the documents strongly suggest that different U.S. Attorneys’ offices around the country are applying conflicting standards to access communications content (you can see the documents here).

Last month, in response to a Freedom of Information Act request, the ACLU received IRS documents indicating that the agency’s criminal investigative arm doesn’t always get a warrant to read Americans’ emails. Today we are releasing these additional documents from other federal law enforcement agencies, reinforcing the urgent need for Congress to protect our privacy by updating the laws that cover electronic communications.

via FBI Documents Suggest That Feds Read Your Emails Without a Warrant.

Filed Under: From The News Tagged With: , , , , , , , , , , , , , , , , , , ,

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

April 10, 2013 by Leave a Comment

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.

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FBI Seeks Google’s Help to Crack Alleged Pimp’s Android Phone | PCMag.com (Damon Poeter)

March 15, 2012 by Leave a Comment

The FBI needs some help cracking the Android phone of an alleged pimp being investigated as part of a federal human trafficking investigation. Agents out of the FBI’s San Diego office seized one Dante Dears’ Samsung phone on Jan. 17, tried and failed to get past the device’s pattern lock , and have now applied for a warrant ordering Google to unlock it for them.

Dears is the convicted founder of a San Diego street gang called “Pimpin’ Hoes Daily.” After his release from state prison in January 2009, he allegedly fell in with his old set and the FBI secured a search warrant for his phone. In the affidavit filed on March 9 with the U.S. District Court in the Southern District of California, FBI agent Jonathon Cupina reveals that after seizing the device, FBI Regional Computer Forensics Lab (RCFL) technicians tried “multiple times” to get into the locked-down phone but couldn’t do it.

So where does Google come in? The RCFL techs’ attempts to get past the phone’s pattern lock triggered a memory lock on the device that can’t be unlocked without the user’s Gmail address and password. The feds want Google to divulge that information, plus “any and all means of gaining access” to the phone, including password reset info and the manufacturer default code, or PUK, “in order to obtain the complete contents of the memory” of the device.

via FBI Seeks Google’s Help to Crack Alleged Pimp’s Android Phone | News & Opinion | PCMag.com.

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How Private Is Your Email? It Depends : NPR

November 25, 2011 by Leave a Comment

Do the police need a warrant to read your email? Believe it or not, two decades into the Internet age, the answer to that question is still “maybe.” It depends on how old the email is, where you keep it — and it even depends on whom you ask.

Some big-name tech companies are now asking Congress to step in and clarify Americans’ online privacy rights.

If you do run afoul of the law and you happen to be one of the millions of people who use Gmail then cops will likely be directing their inquiries to the legal department at Google, in Mountain View, Calif.

This building has the same college-dorm feel as the rest of the Google campus: a pool table, free food, young people in T-shirts. But that doesn’t mean they’re not busy. Every month, Google gets about 1,000 government requests for user data.

“We get agents calling us on the phone,” says Richard Salgado, senior counsel at Google. “We get faxes and emails and snail mail. Sometimes we’ll have an investigator show up in the lobby with a piece of paper.”

Salgado says most law enforcement requests are legitimate, and Google complies promptly. But there are times when Google says “not so fast.”

“My view and Google’s view is that for the government to compel a provider to disclose the content of private communications, they need to get a search warrant,” Salgado says.

via How Private Is Your Email? It Depends : NPR.

Filed Under: From The News Tagged With: , , , , ,

How Private Is Your Email? It Depends : NPR

November 25, 2011 by Leave a Comment

Do the police need a warrant to read your email? Believe it or not, two decades into the Internet age, the answer to that question is still “maybe.” It depends on how old the email is, where you keep it — and it even depends on whom you ask.

Some big-name tech companies are now asking Congress to step in and clarify Americans’ online privacy rights.

If you do run afoul of the law and you happen to be one of the millions of people who use Gmail then cops will likely be directing their inquiries to the legal department at Google, in Mountain View, Calif.

This building has the same college-dorm feel as the rest of the Google campus: a pool table, free food, young people in T-shirts. But that doesn’t mean they’re not busy. Every month, Google gets about 1,000 government requests for user data.

“We get agents calling us on the phone,” says Richard Salgado, senior counsel at Google. “We get faxes and emails and snail mail. Sometimes we’ll have an investigator show up in the lobby with a piece of paper.”

Salgado says most law enforcement requests are legitimate, and Google complies promptly. But there are times when Google says “not so fast.”

“My view and Google’s view is that for the government to compel a provider to disclose the content of private communications, they need to get a search warrant,” Salgado says.

via How Private Is Your Email? It Depends : NPR.

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