XPost: alt.politics.usa.constitution, alt.politics.democrats.senate, alt.privacy
XPost: sac.politics, alt.politics.media
On 5/6/2016 2:24 PM, Eli the Bearded wrote:
In comp.mail.misc, Peter Franks <none@none.com> wrote:
And the purpose of this (proposed) law is what?
End the six month loophole for getting email without a warrant.
http://www.businessinsider.com/when-can-the-government-read-your-email-2013-6?op=1
That law has already been on been on the books for over 225 years!
I'm sure email stored on Yahoo! for a few years was a strong concern of
the founding fathers.
Amendment IV
The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
Apparently email stored on a third party system was not considered
"papers" or "effects".
What is an 'effect'?
What about email stored on a first party system? Is that protected? If
yes, why? Just because it is third party?
I have a safe-deposit box. Is that not subject to protection? It
clearly holds my papers, but is held by a third party.
Or maybe it was considered "reasonable" after it
had been there a while, starting to look like abandoned property?
Yeah, we aren't talking about abandoned property though. We are talking
about accessing people's papers and effects based on a completely
arbitrary 180 days.
Amendment IV is clear. Government can't search or seize people's
effects without out a warrant based on probable cause. Period.
I don't recall the reasoning. But it doesn't matter if the loophole is closed.
I'm not seeing it as a loophole. It is an existing protection that is
being violated by government. If the judiciary had any sense of
constitutional responsibility, they'd nullify any such law that enables subpoena-based searches on effects after 180 days.
Elijah
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don't count your rights before they've been court tested
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