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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIRS believes it can read your emails, chats, and more without a warrant
http://www.slashgear.com/irs-believes-it-can-read-your-emails-chats-and-more-without-a-warrant-10277338/Looks like the IRS believes it can read your emails, Facebook Chats, Twitter Direct Messages, SMS messages, and more without needing to obtain a search warrant beforehand. However, a ruling in the 2010 case, U.S. v. Warshak, by the Sixth Circuit Court of Appeals states that accessing someones email messages without obtaining a warrant first violates the Fourth Amendment. According to an IRS 2009 Search Warrant Handbook discovered by the American Civil Liberties Union, the IRS says,
The ACLU says that under the currently outdated Electronic Communications Privacy Act (ECPA), if an email is in an email providers server for more than 180 days, or has been opened, it does not require a warrant to access. Authorities can access the emails with just an administrative subpoena. Luckily, the ruling in the U.S v. Warshak protects individuals from unreasonable searches by the government. However, the main fear is whether or not the IRS would be abiding by the Warshak ruling throughout the entire country, or if its only going to be abiding by it throughout the Sixth Circuit.
Emails and other transmissions generally lose their reasonable expectation of privacy and thus their Fourth Amendment protection once they have been sent from an individuals computer.
The ACLU says that under the currently outdated Electronic Communications Privacy Act (ECPA), if an email is in an email providers server for more than 180 days, or has been opened, it does not require a warrant to access. Authorities can access the emails with just an administrative subpoena. Luckily, the ruling in the U.S v. Warshak protects individuals from unreasonable searches by the government. However, the main fear is whether or not the IRS would be abiding by the Warshak ruling throughout the entire country, or if its only going to be abiding by it throughout the Sixth Circuit.
Much more at the link! That's...outrageous. Truly.
PB
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IRS believes it can read your emails, chats, and more without a warrant (Original Post)
Poll_Blind
Apr 2013
OP
lastlib
(23,171 posts)1. They think they're God Almighty on steroids!
woo me with science
(32,139 posts)2. K&R
Logical
(22,457 posts)3. Unbelievable. Damn police state. n-t
Jamastiene
(38,187 posts)4. I have a gut feeling the IRS will get by with it anyhow in most cases.
K&R for letting us know they shouldn't do that though, because I honestly did not know they were not supposed to be doing that. I'm sure others are unaware too.