Cops don't need a warrant to see your e-mail—but they might soon
39 replies, posted
[quote="Ars Technica"]
A new bill introduced today in the US House of Representatives seeks to require warrants before police can trawl through your e-mail or track your cell phone, reports CNET. The legislation is backed by several technology companies, including Apple, Google, Microsoft, and Twitter. But given the government's history with privacy bills, it faces a high chance of getting blocked by the Department of Justice.
The bill was introduced by Representative Zoe Lofgren (D-CA) and would require officers to get a warrant before accessing e-mail or location information. Access to these data types is a notorious gray area in US courts.
In August, the US Circuit Court of Appeals for the Sixth Circuit ruled that law enforcement officials were within their right to access the location data from a man's cellphone without a warrant. The basis for this ruling was the Stored Communications Act, which states authorities may not access the content of communications, but are allowed to see where and to whom they went. Prosecutors have been using this law to justify access to location data for some time, but the interpretation has been increasingly called into question by civil liberties groups.
Lofgren's bill would amend the Electronic Communications Privacy Act that went into effect in 1986—the olden cellular days, before even Zach Morris had GPS in his phone. Such bills in the past have been blocked by the Department of Justice on the grounds that making access to information in the cloud and on cellular networks would make police investigations more difficult; this one may face a similarly unsuccessful road.[/quote]
[url="http://arstechnica.com/tech-policy/2012/09/cops-dont-need-a-warrant-to-see-your-e-mail-but-they-might-soon/"]Source[/url].
I really hope this passes.
The police can actually go to your ISP and ask for any information without a warrant. It's up to the ISP whether or not they want to hand them any data (but a lot of times they do, despite there's no warrant), but when the detective shows up with a warrant they have no option. Just something a lot of people didn't know.
Wait, what? A sensible bill that has the good of the people in mind and doesn't fuck us all over worming it's way through Washington?!
Color me shocked, though I feel it has next to no chance of actually making it onto the books.
who cares
[highlight](User was banned for this post ("If you don't care, don't reply" - Craptasket))[/highlight]
[QUOTE=Barbarian887;37800748]who cares[/QUOTE]
People with brains who value their privacy.
[QUOTE=TestECull;37800847]People with brains who value their privacy.[/QUOTE]
why would i care if someone reads my e-mails
[QUOTE=Barbarian887;37801008]why would i care if someone reads my e-mails[/QUOTE]
Because you may have things on there that you may want to keep private, regardless of their legality?
if ur not doing anything illigal why woud you even care about this
[QUOTE=Barbarian887;37800748]who cares
[highlight](User was banned for this post ("If you don't care, don't reply" - Craptasket))[/highlight][/QUOTE]
Penn State.
Regardless of [b]who[/b] this applies to, last time I checked, it's considered 'illegal search/seizure' for anyone (Including police officers) who takes/searches through your mail without your consent/a warrant.
[QUOTE=PassTheBong;37801094]Regardless of [b]who[/b] this applies to, last time I checked, it's considered 'illegal search/seizure' for anyone (Including police officers) who takes/searches through your mail without your consent/a warrant.[/QUOTE]
Unfortunately, the law views electronic mail and physical mail two separate things.
[QUOTE=gRuKz;37801036]if ur not doing anything illigal why woud you even care about this[/QUOTE]
I'd rather not let people go through my shit without a warrant. You have the legal right to tell a cop to fuck off if they want to search through your car, home, and mail without a warrant; Why shouldn't this apply to email as well?
[QUOTE=gRuKz;37801036]if ur not doing anything illigal why woud you even care about this[/QUOTE]
I'm installing cameras in your house, hey, you are not doing anything illegal right? So why worry?
[QUOTE=Barbarian887;37801008]why would i care if someone reads my e-mails[/QUOTE]
You should care. It's your private conversations. It doesn't matter if you're just discussing the turkey you're going to nom at thanksgiving dinner, nobody else but your intended recipient has any right to read it.[QUOTE=gRuKz;37801036]if ur not doing anything illigal why woud you even care about this[/QUOTE]
This attitude is why we have shit like the PATRIOT act and the TSA to deal with. People like you are far too likely to give up their freedom, their right to privacy, because someone in a uniform asked them to.
I'm not doing anything illegal but I demand the right to keep my private life private just the same. If the authorities want in anyway they had best convince a judge that I'm actually doing something worthy of their attention first.
Whoa we're getting a bill for protection?
Usually it's always something being removed.[QUOTE=gRuKz;37801036]if ur not doing anything illigal why woud you even care about this[/QUOTE]
Worst mindset ever, it's even worse than so many idiots share this same attitude.
[QUOTE=Barbarian887;37801008]why would i care if someone reads my e-mails[/QUOTE]
Pedophiles and mobsters. And maybe furries.
This is way too good an idea for Congress to pass. Plus, Obama would probably veto it, he's not exactly out there crusading for privacy.
[QUOTE=Used Car Salesman;37802863]This is way too good an idea for Congress to pass. Plus, Obama would probably veto it, he's not exactly out there crusading for privacy.[/QUOTE]
Pretty sure vetoes can still be overruled.
Well, use your own email to do illegal shit...you deserve getting caught.
I read the title as "Cops need a warrant to see your email but they might not soon".
I had to stop my mouse trajectory from carrying me over to the dumb rating.
[QUOTE=hovergroovie;37803015]Well, use your own email to do illegal shit...you deserve getting caught.[/QUOTE]
except they could never know you were doing illegal shit if you were using snail mail ????
They can ask for any information but its up to the provider to say "where's your warrant". They can voluntarily turn over the data
[QUOTE=l l;37802836]Worst mindset ever, it's even worse than so many idiots share this same attitude.[/QUOTE]
It's a fucking disgusting mindset. If you want to make every detail about your own life public, feel free, but don't sit there and argue that everyone else should go along with this stupid mentality because "they shouldn't have anything to hide".
[QUOTE=Priori;37801260]I'd rather not let people go through my shit without a warrant. You have the legal right to tell a cop to fuck off if they want to search through your car, home, and mail without a warrant; Why shouldn't this apply to email as well?[/QUOTE]
Your avatar tranfixes me...
On topic, I agree, theres no reason just to go through someones stuff, just because your a cop and you can.
[QUOTE=gRuKz;37801036]if ur not doing anything illigal why woud you even care about this[/QUOTE]
Four problems with this:
First: It's [I]not you[/I] who decides what is legal or not. Sure, today you might know who runs everything today and decides what is legal or not. But tomorrow you don't. If some new corrupt government is put into place that makes something which obviously should be legal, like complaining about the government, illegal then they already have all the tools to easily govern and check who's breaking these laws. And sometimes, laws has to be broken for a society to move forward. Back in the days homosexuality was illegal (and still is in some countries), but it had to be changed. If a massive system to monitor people is put into place, these things can't happened.
Second: People will self-censor themselves. If you know someone is watching, you will start thinking "if I do this, can it be viewed as I'm doing something bad?" and thus will stop doing important things. For example, in Germany when the Data Collection Directive was put in place, studies showed that people stopped calling their psychologists or lawyers because they thought just that "can this be viewed like I've done something bad?". By monitoring someone, you can easily get out a lot of information about someone, information you don't even know yourself. There was an example of some store in the US that only by monitoring what people purchase (and this is done) can check very accurately if a woman is pregnant. Because they've found patterns in what women buys if they are pregnant.
Third: People has a very psychological need to have things for themselves. For example, if you go into the bathroom you close and lock the door. Everyone knows what you're doing in there, but yet you want the privacy to do it alone. They are accusingly saying "I have the rights to look at your private life, otherwise you're a criminal."
Fourth: For the society to prosper and develop, privacy needs to be in place. Again with the homosexuality, it was illegal before but now isn't. If you can't question laws, then they can't be improved or changed for the better. You have to be able to do that, without having to fear for any precautions. We've seen, and still see, multiple examples of what happens if the government starts monitoring. Both the old Nazi Germany (I know Godwin's law, but it works here) and Soviet Union are good examples. Today we also have China and North Korea, both are good examples.
Conclusion: If you're not doing anything illegal you have everything to fear.
[QUOTE=Moustacheman;37802851]Pedophiles and mobsters. And maybe furries.[/QUOTE]
Why would paedophiles or mobster use a normal email account to contact eachother?
I don't really care if they read my emails. It's just Sony Online Entertainment offers, and penis enlargement adverts that somehow avoid my spam filter.
But still
[editline]26th September 2012[/editline]
[QUOTE=Moustacheman;37802851]Pedophiles and mobsters. And maybe furries.[/QUOTE]
To: Phil
Subject: Re: Drug Trafficking?
[QUOTE=dgg;37806361]Why would paedophiles or mobster use a normal email account to contact eachother?[/QUOTE]
Sorry for the bump, but, I could see a mobster using an alternate account, but I haven't always known paedophiles to be to smart. Not all of them know how to use fake names.
[QUOTE=dgg;37806361]Why would paedophiles or mobster use a normal email account to contact eachother?[/QUOTE]
They would use TOR.
[QUOTE=gRuKz;37801036]if ur not doing anything illigal why woud you even care about this[/QUOTE]
that's what I'd like to know
it's not like they can read actual physical mail
if someone wants to read my youtube / ironmagazine spam that somehow gets in there, along with the occasional email for friends / family. I say have at it, i really don't care ...
[editline]29th September 2012[/editline]
[QUOTE=Intoxicated Spy;37802588]I'm installing cameras in your house, hey, you are not doing anything illegal right? So why worry?[/QUOTE]
it'd be difficult to jerk off, only issue i'd have
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