fourth amendment

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

The FBI and other police agencies would be required to obtain search warrants before reading Americans' e-mail or tracking their mobile devices under a bill introduced in the U.S. House of Representatives today.

It's not a new proposal: Rep. Zoe Lofgren, a Democrat whose district includes the heart of Silicon Valley, announced almost exactly the same measure last fall. But because the clock ran out without Congress acting, she's trying a second time.

"Fourth Amendment protections don't stop at the Internet," Lofgren said in a statement today. "Americans expect Constitutional protections to extend … Read more

In a narrow, 5-4 decision, the U.S. Supreme Court rejected a lawsuit challenging a secretive National Security Agency surveillance program.

A majority of the justices ruled (PDF) that the lawsuit, brought by human rights advocates and journalists who believed their electronic communications sent abroad would be intercepted, was "too speculative" to proceed based on fears of "hypothetical future harm."

The plaintiffs, which included Amnesty International and The Nation magazine, had argued that the 2008 amendments to the Foreign Intelligence Surveillance Act -- giving the government virtually unregulated authority to perform bulk surveillance on the international … Read more

Stripped of its controversial provision for warrantless e-mail acccess, Sen. Patrick Leahy's bill to rewrite electronic privacy and surveillance law will head for a vote on Thursday.

The Vermont Democrat said in a press release yesterday that his latest amendments to the bill will be privacy-protective. They no longer include language that would have allowed more than 22 agencies -- including the Securities and Exchange Commission and the Federal Communications Commission -- to access Americans' private e-mail, Google Docs files, Facebook wall posts, and Twitter direct messages without a search warrant.

A CNET article last week disclosed the existence … Read more