Email Privacy Rights PushBack- Courts Re-Assert 4th Amendment RightsSomervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas


 

Email Privacy Rights PushBack- Courts Re-Assert 4th Amendment Rights
 


21 June 2007 at 8:35:42 AM
salon

You know how the Bush administration believes that they can read people's emails without a warrant, say, by having an ISP turn over stored records when someone uses the ISP for email storage. A Federal Appeals Court has said, No. Reading of people's stored emails without a warrant VIOLATES the 4th amendment. Thank goodness AT LEAST the courts are fighting back against Bush AND governments for the last 20 years that have been doing this.

Civil liberties groups are celebrating a federal appeals court ruling to make stored e-mails more private than they used to be. The federal government must have a warrant before it can search through stored e-mails, the court said.

Government officials say they have read stored e-mails in the past, because it was too hard to get a search warrant for an e-mail while it is in transmission.

But the unanimous ruling by the Sixth U.S. Circuit Court of Appeals says that government searches of stored e-mail violate a citizen's reasonable expectation of privacy. Civil liberties groups are calling the decision a landmark event.

"To wiretap an email, to grab it while it's in transmission, that requires a wiretap order, sort of a super search warrant," lawyer Kevin Bankston of the Electronic Frontier Foundation said.

Right! Because that isn't even PROBABLE CAUSE-it's just plain old snooping and spying on people. IF the Bush administration thought that someone had cause to be spied upon, they should have to go to court and GET A WARRANT. But they haven't been doing that.

"It's very hard to get. So the government doesn't get those. Instead they, grab the e-mail when it is stored with the e-mail provider.

I'm sure the Bush administration will fight this, because they WANT to be able to be nosy parkers into all our business, without having to uphold the constitution. Can't wait till they are OUT of office and can only hope the next crowd has more respect.

"Email users expect that their Hotmail and Gmail inboxes are just as private as their postal mail and their telephone calls," said EFF Staff Attorney Kevin Bankston. "The government tried to get around this common-sense conclusion, but the Constitution applies online as well as offline, as the court correctly found. That means that the government can't secretly seize your emails without a warrant."


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