Jump to content


Photo
- - - - -

Senate bill rewrite lets feds read your e-mail without warrants


  • Please log in to reply
24 replies to this topic

#1 Proudiddy

Proudiddy

    The Thread Killer (Since 2004)

  • Moderators
  • 14,623 posts

Posted 20 November 2012 - 12:57 PM

http://news.cnet.com...=news&tag=title

SMH... More and more rights being stripped away... I really hope this isn't passed. If someone is suspected of criminal activity, get a warrant and search away - it's warranted and necessary, otherwise, they have no right to freely pry into people's personal lives.

A Senate proposal touted as protecting Americans' e-mail privacy has been quietly rewritten, giving government agencies more surveillance power than they possess under current law.
CNET has learned that Patrick Leahy, the influential Democratic chairman of the Senate Judiciary committee, has dramatically reshaped his legislation in response to law enforcement concerns. A vote on his bill, which now authorizes warrantless access to Americans' e-mail, is scheduled for next week.

Revised bill highlights



✭ Grants warrantless access to Americans' electronic correspondence to over 22 federal agencies. Only a subpoena is required, not a search warrant signed by a judge based on probable cause.
✭ Permits state and local law enforcement to warrantlessly access Americans' correspondence stored on systems not offered "to the public," including university networks.
✭ Authorizes any law enforcement agency to access accounts without a warrant -- or subsequent court review -- if they claim "emergency" situations exist.
✭ Says providers "shall notify" law enforcement in advance of any plans to tell their customers that they've been the target of a warrant, order, or subpoena.
✭ Delays notification of customers whose accounts have been accessed from 3 days to "10 business days." This notification can be postponed by up to 360 days.

Leahy's rewritten bill would allow more than 22 agencies -- including the Securities and Exchange Commission and the Federal Communications Commission -- to access Americans' e-mail, Google Docs files, Facebook wall posts, and Twitter direct messages without a search warrant. It also would give the FBI and Homeland Security more authority, in some circumstances, to gain full access to Internet accounts without notifying either the owner or a judge.

It's an abrupt departure from Leahy's earlier approach, which required police to obtain a search warrant backed by probable cause before they could read the contents of e-mail or other communications. The Vermont Democrat boasted last year that his bill "provides enhanced privacy protections for American consumers by... requiring that the government obtain a search warrant."
Leahy had planned a vote on an earlier version of his bill, designed to update a pair of 1980s-vintage surveillance laws, in late September. But after law enforcement groups including the National District Attorneys' Association and the National Sheriffs' Association organizations objected to the legislation and asked him to "reconsider acting" on it, Leahy pushed back the vote and reworked the bill as a package of amendments to be offered next Thursday. The package (PDF) is a substitute for H.R. 2471, which the House of Representatives already has approved.
One person participating in Capitol Hill meetings on this topic told CNET that Justice Department officials have expressed their displeasure about Leahy's original bill. The department is on record as opposing any such requirement: James Baker, the associate deputy attorney general, has publicly warned that requiring a warrant to obtain stored e-mail could have an "adverse impact" on criminal investigations.

Marc Rotenberg, head of the Electronic Privacy Information Center, said that in light of the revelations about how former CIA director David Petraeus' e-mail was perused by the FBI, "even the Department of Justice should concede that there's a need for more judicial oversight," not less.
An aide to the Senate Judiciary committee told CNET that because discussions with interested parties are ongoing, it would be premature to comment on the legislation.

Markham Erickson, a lawyer in Washington, D.C. who has followed the topic closely and said he was speaking for himself and not his corporate clients, expressed concerns about the alphabet soup of federal agencies that would be granted more power:

❝ There is no good legal reason why federal regulatory agencies such as the NLRB, OSHA, SEC or FTC need to access customer information service providers with a mere subpoena. If those agencies feel they do not have the tools to do their jobs adequately, they should work with the appropriate authorizing committees to explore solutions. The Senate Judiciary committee is really not in a position to adequately make those determinations. ❞

The list of agencies that would receive civil subpoena authority for the contents of electronic communications also includes the Federal Reserve, the Federal Trade Commission, the Federal Maritime Commission, the Postal Regulatory Commission, the National Labor Relations Board, and the Mine Enforcement Safety and Health Review Commission.

Leahy's modified bill retains some pro-privacy components, such as requiring police to secure a warrant in many cases. But the dramatic shift, especially the regulatory agency loophole and exemption for emergency account access, likely means it will be near-impossible for tech companies to support in its new form.

A bitter setback
This is a bitter setback for Internet companies and a liberal-conservative-libertarian coalition, which had hoped to convince Congress to update the 1986 Electronic Communications Privacy Act to protect documents stored in the cloud. Leahy glued those changes onto an unrelated privacy-related bill supported by Netflix.

At the moment, Internet users enjoy more privacy rights if they store data on their hard drives or under their mattresses, a legal hiccup that the companies fear could slow the shift to cloud-based services unless the law is changed to be more privacy-protective.

Members of the so-called Digital Due Process coalition include Apple, Amazon.com, Americans for Tax Reform, AT&T, the Center for Democracy and Technology, eBay, Google, Facebook, IBM, Intel, Microsoft, TechFreedom, and Twitter. (CNET was the first to report on the coalition's creation.)

Leahy, a former prosecutor, has a mixed record on privacy. He criticized the FBI's efforts to require Internet providers to build in backdoors for law enforcement access, and introduced a bill in the 1990s protecting Americans' right to use whatever encryption products they wanted.


An excerpt from Leahy's revised legislation authorizing over 22 federal agencies to obtain Americans' e-mail without a search warrant signed by a judge. Click for larger image.

But he also authored the 1994 Communications Assistance for Law Enforcement Act, which is now looming over Web companies, as well as the reviled Protect IP Act. An article in The New Republic concluded Leahy's work on the Patriot Act "appears to have made the bill less protective of civil liberties." Leahy had introduced significant portions of the Patriot Act under the name Enhancement of Privacy and Public Safety in Cyberspace Act (PDF) a year earlier.

One obvious option for the Digital Due Process coalition is the simplest: if Leahy's committee proves to be an insurmountable roadblock in the Senate, try the courts instead.

Judges already have been wrestling with how to apply the Fourth Amendment to an always-on, always-connected society. Earlier this year, the U.S. Supreme Court ruled that police needed a search warrant for GPS tracking of vehicles. Some courts have ruled that warrantless tracking of Americans' cell phones, another coalition concern, is unconstitutional.

The FBI and other law enforcement agencies already must obtain warrants for e-mail in Kentucky, Michigan, Ohio, and Tennessee, thanks to a ruling by the 6th Circuit Court of Appeals in 2010.



#2 Jase

Jase

    Kuechold Fantasies

  • Administrators
  • 16,513 posts
  • LocationMatthews, NC

Posted 20 November 2012 - 12:59 PM

Letting the government regulate the Internet is a GREAT idea.

#3 Proudiddy

Proudiddy

    The Thread Killer (Since 2004)

  • Moderators
  • 14,623 posts

Posted 20 November 2012 - 01:01 PM

It seems it's inevitable now with idiots pushing that SOPA crap last year and everytime one bill gets voted down another one pops up.

#4 theyhateme45

theyhateme45

    360 GT = Shino45

  • HUDDLER
  • PipPipPipPipPipPipPipPipPip
  • 3,371 posts

Posted 20 November 2012 - 01:22 PM

I only speak personally for me, but I am all for it. I have nothing to hide in my E-Mail and if it helps Law enforcement that much more I am all for it.

#5 stirs

stirs

    I Reckon So

  • HUDDLER
  • PipPipPipPipPipPipPipPipPip
  • 10,142 posts

Posted 20 November 2012 - 01:22 PM

Al Gore invented it, it is his to do with it what he pleases.

They know all the Dems anyway

http://www.washingto...702a_story.html

#6 mmmbeans

mmmbeans

    FBI SURVEILLANCE VAN

  • HUDDLER
  • PipPipPipPipPipPipPipPipPip
  • 14,000 posts

Posted 20 November 2012 - 01:26 PM

I only speak personally for me, but I am all for it. I have nothing to hide in my E-Mail and if it helps Law enforcement that much more I am all for it.


nosir.

#7 Floppin

Floppin

    Smooches

  • HUDDLER
  • PipPipPipPipPipPipPipPipPip
  • 12,474 posts
  • LocationShallotte, NC

Posted 20 November 2012 - 01:27 PM

I only speak personally for me, but I am all for it. I have nothing to hide in my E-Mail and if it helps Law enforcement that much more I am all for it.


What the fug is wrong with people like you? The "If you've got nothing to hide, then derp derp fuging derp" crowd.

#8 Delhommey

Delhommey

    Moderator

  • Moderators
  • 12,390 posts

Posted 20 November 2012 - 01:38 PM

This is some BS.

And stirs, the "Al Gore invented the internet" joke went out with slap bracelets.

#9 Proudiddy

Proudiddy

    The Thread Killer (Since 2004)

  • Moderators
  • 14,623 posts

Posted 20 November 2012 - 01:41 PM

I only speak personally for me, but I am all for it. I have nothing to hide in my E-Mail and if it helps Law enforcement that much more I am all for it.


I have nothing to hide either, and I'm willing to bet most Americans don't, but that doesn't mean you want someone getting to know you through your emails and chats without your knowledge or consent... And what's the point in wasting time and money pilfering through 90 some percent of the population's emails when they live an uneventful, transparent life?

#10 mmmbeans

mmmbeans

    FBI SURVEILLANCE VAN

  • HUDDLER
  • PipPipPipPipPipPipPipPipPip
  • 14,000 posts

Posted 20 November 2012 - 01:45 PM

to be honest, this has been happening for a while now... and it's not that hard to encrypt your shiat...

#11 theyhateme45

theyhateme45

    360 GT = Shino45

  • HUDDLER
  • PipPipPipPipPipPipPipPipPip
  • 3,371 posts

Posted 20 November 2012 - 01:45 PM

What the fug is wrong with people like you? The "If you've got nothing to hide, then derp derp fuging derp" crowd.


Nothing is wrong with me, I just have a different perspective than you and others....

More than I value absolute privacy I value the safety and protection law enforcements provides... I fully understand those who's values are the opposite way around. If we could put security cameras on most street corners to help prevent & deter crime while helping to track down perpetrators I am all for that to. I know that is not realistic, but would still be my preference.

#12 theyhateme45

theyhateme45

    360 GT = Shino45

  • HUDDLER
  • PipPipPipPipPipPipPipPipPip
  • 3,371 posts

Posted 20 November 2012 - 01:51 PM

I have nothing to hide either, and I'm willing to bet most Americans don't, but that doesn't mean you want someone getting to know you through your emails and chats without your knowledge or consent... And what's the point in wasting time and money pilfering through 90 some percent of the population's emails when they live an uneventful, transparent life?


I just don't mind it.... I don't think they will pilfer through my E-Mail just for kicks.... But if something triggered and they thought I was linked to some crime I would not mind them doing so... My thought would be by having this available it would make their job that much easier when it comes to law enforcement duties.

I mean if someone in the CIA or something looked through my E-Mail, how will that effect my life? Hell I wouldn't even know they did. Just my .02 cents.... Like I said I 100% understand those who are not for it, therefore I don't push my opinions on anyone, I was just stating my feelings.

#13 Panthers_Lover

Panthers_Lover

    Senior Member

  • HUDDLER
  • PipPipPipPipPipPipPipPipPip
  • 4,025 posts
  • LocationSpartanburg, SC

Posted 20 November 2012 - 01:57 PM

http://news.cnet.com...=news&tag=title

SMH... More and more rights being stripped away... I really hope this isn't passed. If someone is suspected of criminal activity, get a warrant and search away - it's warranted and necessary, otherwise, they have no right to freely pry into people's personal lives.


AMEN!

#14 Panthers_Lover

Panthers_Lover

    Senior Member

  • HUDDLER
  • PipPipPipPipPipPipPipPipPip
  • 4,025 posts
  • LocationSpartanburg, SC

Posted 20 November 2012 - 01:58 PM

I only speak personally for me, but I am all for it. I have nothing to hide in my E-Mail and if it helps Law enforcement that much more I am all for it.


So, why don't you also vote to let them come into your home anytime they want, without warning or cause.

That's just crazy talk. Crazy.

#15 theyhateme45

theyhateme45

    360 GT = Shino45

  • HUDDLER
  • PipPipPipPipPipPipPipPipPip
  • 3,371 posts

Posted 20 November 2012 - 02:05 PM

So, why don't you also vote to let them come into your home anytime they want, without warning or cause.

That's just crazy talk. Crazy.


Because I don't view someone reading my E-Mail, and someone walking into my household and looking around the same.


0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users

Contact Us: info@carolinahuddle.com - IP Content Design by Joshua Tree / TitansReport.