warrant

If attorney general Eric Holder wanted to perform even a momentary Internet wiretap on Fox News' e-mail accounts, he would have had to persuade a judge to approve what lawyers call a "super search warrant."

A super search warrant's requirements are exacting: Intercepted communications must be secured and placed under seal. Real-time interception must be done only as a last resort. Only certain crimes qualify for this technique, the target must be notified, and additional restrictions apply to state and local police conducting real-time intercepts.

But because of the way federal law was written nearly half a … Read more

U.S. Attorney General Eric Holder supports privacy changes that would require the government to seek a warrant based on probable cause to obtain cloud-stored e-mail, and other documents and files stored in the cloud.

"But the more general notion of having a warrant to obtain the content of communications from a service provider is something that we support," Holder added, noting that citizen privacy and the government's ability to access such data is "one of the most important conversations" to be had in this day and age.

He stated that there were "very … Read more

Last month, Sen. Mark Udall and a handful of other privacy-focused politicians persuaded the IRS to promise to cease warrantless searches of Americans' private correspondence.

Now Udall, a Colorado Democrat, is taking aim at the Justice Department, which has claimed the right to conduct warrantless searches of Americans' e-mail, Facebook chats, and other private communications.

"I am extremely concerned that the Justice Department and FBI are justifying warrantless searches of Americans' electronic communications based on a loophole in an outdated law that the U.S. Court of Appeals for the 6th Circuit ruled was unconstitutional," Udall said in … Read more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

Entrapment is one of MegaUpload's claims in its legal battle against the U.S. government. The feds are now saying this claim is "baseless."

"Megaupload's allegations are baseless, as even a cursory review of Megaupload's pleading and the search warrant materials at issue disproves the allegation that the government misled the court as part of a conspiracy to entrap Megaupload," the government wrote in a Friday filing (PDF).

MegaUpload, which was founded by Kim DotCom, is the highest-profile service to be accused of criminal copyright violations by the U.S. government -- and … Read more

If former CIA Director David Petraeus had secretly stashed love letters he exchanged with his paramour at home under his mattress, he might have actually done a better job of protecting his privacy.

Blame federal law for this counterintuitive result. Because it's so easy to dash off an e-mail -- or edit a Gmail draft -- you might think electronic correspondence should receive far greater legal protections and be more difficult for the FBI to read.

Not quite. Because of the way a key federal privacy law was worded in 1986, back in the pre-Internet days of analog modems, … Read more

After more than 25 years since the passage of the Electronic Communications Privacy Act (ECPA), Sen. Patrick Leahy is hoping to get the out-of-date privacy law up to speed by introducing a new bill in the Senate Judiciary Committee today, according to Ars Technica.

The key component of this new bill is that law enforcement officials would no longer have the ease of freely being able to read people's personal e-mail and online communication -- they'd need a warrant first. As the law now stands, police are allowed to get individual's private correspondence by simply asking e-mail … Read more