amendment

Apple receives so many police demands to decrypt seized iPhones that it has created a "waiting list" to handle the deluge of requests, CNET has learned.

Court documents show that federal agents were so stymied by the encrypted iPhone 4S of a Kentucky man accused of distributing crack cocaine that they turned to Apple for decryption help last year.

An agent at the ATF, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, "contacted Apple to obtain assistance in unlocking the device," U.S. District Judge Karen Caldwell wrote in a recent opinion. But, she wrote, … Read more

The U.S. Department of Justice and the FBI believe they don't need a search warrant to review Americans' e-mails, Facebook chats, Twitter direct messages, and other private files, internal documents reveal.

Government documents obtained by the American Civil Liberties Union and provided to CNET show a split over electronic privacy rights within the Obama administration, with Justice Department prosecutors and investigators privately insisting they're not legally required to obtain search warrants for e-mail. The IRS, on the other hand, publicly said last month that it would abandon a controversial policy that claimed it could get warrantless access … Read more

A controversial data-sharing bill being debated today in the U.S. House of Representatives authorizes federal agencies to conduct warrantless searches of information they obtain from e-mail and Internet providers.

Rep. Alan Grayson, a Florida Democrat, proposed a one-sentence amendment (PDF) that would have required the National Security Agency, the FBI, Homeland Security, and other agencies to secure a "warrant obtained in accordance with the Fourth Amendment" before searching a database for evidence of criminal wrongdoing.

Grayson complained this morning on Twitter that House Republicans "wouldn't even allow debate on requiring a warrant before a search.&… Read more

A dozen U.S. senators warned the IRS today against warrantless snooping on taxpayers' confidential e-mail, Facebook, or Twitter messages.

In a stiffly worded letter (PDF) to the tax collection agency, they asked the "IRS to confirm that it will immediately establish a warrant requirement when it wants to obtain e-mail and other electronic personal correspondence" from American companies.

The letter also asked the IRS to "provide a timeline" for updating its internal procedures to guarantee that the contents of electronic files would be accessed only after agents follow the privacy-protective traditional procedure of obtaining a … Read more

The head of the Internal Revenue Service said today the agency would abandon its controversial policy that claimed the right to read taxpayers' e-mail without first obtaining a search warrant.

Steven Miller, the IRS' acting commissioner, said at a U.S. Senate hearing that the no-warrant-required policy would be ditched within 30 days for e-mail, but he did not make the same commitment for other private electronic communications.

"We intend to do that" for e-mail, Miller said, in response to prodding from Sen. Ron Wyden, an Oregon Democrat who has become a frequent champion of civil liberties in … Read more

The Internal Revenue Service has declined to answer questions about whether it obtains a search warrant before perusing Americans' e-mail messages and other electronic correspondence.

CNET contacted the IRS last Wednesday morning to ask whether the agency's internal procedures require warrants signed by a judge. That was in response to newly disclosed internal IRS memos saying Americans enjoy "generally no privacy" in their e-mail, Facebook chats, Twitter direct messages, and similar online communications.

Despite repeated queries, the IRS has not responded to last week's questions. Instead, an agency spokesman provided a statement saying:

The Federal Bureau of Investigation's secretive "Stingray" surveillance technology that allows police to surreptitiously track the locations of cell phones and other mobile devices will itself go on trial in an Arizona courtroom tomorrow afternoon.

Attorneys representing the U.S. Department of Justice are expected to defend warrantless use of stingray devices, which trick mobile devices into connecting to them by impersonating legitimate cell towers. Prosecutors yesterday filed court documents saying stingrays were used in investigations in Arizona and Wisconsin going back to 2008.

In the legal skirmishing leading up to tomorrow's three-hour hearing, federal attorneys … Read more

An unusual bipartisan revolt has erupted against law enforcement plans to fly more drones equipped with high-tech gear that can be used to conduct surveillance of Americans.

A combination of concerns about privacy, air traffic safety, facial recognition, cell phone tracking -- and even the possibility that in the future drones could be armed -- have suddenly placed police on the defensive.

A public outcry in Seattle last month prompted the mayor to ground the police department's nascent drone program. Oregon held a hearing this week on curbing drones, following one in Idaho last week. And on Tuesday, Rep. … Read more

U.S. customs officials must have a reasonable justification before snatching your laptop at the border and scanning through all your files for incriminating data, a federal appeals court ruled today.

The Ninth Circuit Court of Appeals ruled that Homeland Security's border agents must have "reasonable suspicion" before they can legally conduct a forensics examination of laptops, mobile phones, camera memory cards, and so on.

Today's opinion (PDF) is a limited -- but hardly complete -- rejection of the Obama administration's claim that any American entering the country may have his or her electronic files … Read more