Author Topic: The Fourth Amendment doesn’t protect Email as much as You might think  (Read 1575 times)

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JimB

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Some of you may be tired of this "type" of information I'm sharing but I share this not because I"m paranoid but because the average user doesn't think much about what they do while online. They are at home sitting behind a desk and feel quit anonymous because no one can see them. Most people don't think about what is involved in getting email from one location to the other. They assume that it's like mailing a letter in through the US Postal service. However, unlike mailing through the USPS there is no way to know if someone has looked at your email. If you're communicating extremely important information that is still the best way to keep it private (although slow and very inconvenient).


The Fourth Amendment doesn’t protect Email as much as You might think

If you’re concerned with email privacy, at first glance, the Sixth Circuit Court of Appeals ruling that the Constitution forbids the U.S. Federal Government from grabbing stored email without a warrant (PDF Link) sounds like great news. And, it is. It’s just not as great as you might think.

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You should also keep in mind, as my lawyer said that, “To implicate the 4th amendment there needs to be ’state action’ or someone operating under the color of law at the behest of a governmental body. Public schools are state actors for purposes of the 4th amendment. However, your private school/company is still covered by many state and federal statutes and regulations detailing what information and under what circumstances it may be used. In general, however, they are free to examine email sent across their systems for legitimate purposes (i.e., not merely to exclusively learn what someone is doing in their private life).” That, of course, doesn’t mean that they won’t peek over your virtual shoulder anyway.

Full Article Here 
By communion with God in nature, the mind is uplifted, and the heart finds rest.  {DA 291.1}

Won Bae

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Re: The Fourth Amendment doesn’t protect Email as much as You might think
« Reply #1 on: January 01, 2011, 06:15:22 PM »
You said that e-mail is not so private.  I some times get an e-mail from my accountant saying "secured e-mail" and it will delete itself in a month.  Is this type of e-mail any more private than our regular e-mail?

Won

JimB

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Re: The Fourth Amendment doesn’t protect Email as much as You might think
« Reply #2 on: January 02, 2011, 02:29:41 PM »
I'm not sure Won, as I've never heard of an email that deletes itself. Interesting...
By communion with God in nature, the mind is uplifted, and the heart finds rest.  {DA 291.1}