Email Privacy - the truth

Email Privacy ~ Revealing the Truth

By Carl R ToersBijns

There is a misconception among email users that their email boxes are entitled to some kind of privacy protection that enables them to hide what is contained within their text and those email address used via the internet. What is alarming is the fact that hardly anybody realizes how easy it is to disclose and reveal what was once considered a confidential method of communicating and secure writings.

The most startling revelation is the ease of getting this information without a search warrant. Private emails are not as secure as we once thought they were and the method for accessing such information has become most simple since Congress passed a specific act way back in 1986, which makes this possible. E-mail "stored" for 180 days does not receive the same protection as E-mail in "process" less than 180 days.

It basically allows warrantless invasion of privacy actions if the text, email or electronic message is over 180 days old and no longer under the protection of search and seizure laws. Without taking into consideration the mass use and volume of internet traffic, the Electronic Communications Privacy Act of 1986 allows access to online chatting and other communications.

Just last month, on November 29, 2012, the Senate Judiciary Committee met and considered legislation to update the Act which would require police to get a warrant to read emails or other electronic communiqués. The current status of the Act only requires the showing of a § 2703 order that is specific and articulated facts relevant to an ongoing investigation.  This order can give a wealth of details about computing service usage. § 2703 (c)(1)(A)-(B) gives the contents of any relevant logs, all basic subscriber information (see below), cell site data for calls made, destinations of outgoing E-mail, and any other non-content records.
The burden for a subpoena[1] is a good sharp crayon. Electronic Communications Privacy Act “ECPA” as amended by USA PATRIOT § 210 (see 18 U.S.C. §§ 2701-11 for the bulk) yields Basic Subscriber Information which is defined as: name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service and types of service used by the customer, subscriber number (e.g. Internet address or telephone number)or identity (including any temporarily assigned network addresses), and means and source of payment for such service (including credit card or bank account number). It is all right there in Title 18.  

As a bonus, the USA Patriot Act (sect 212 and 505) and Child Protection and Sexual Predator Punishment Act of 1998, 42 U.S.C. § 13032 also effect ECPA

Source:

http://www.pinewswire.net/

http://itlaw.wikia.com/wiki/Electronic_Communications_Privacy_Act_of_1986

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1.        [1] Under the Electronic Communications Privacy Act of 1986, law enforcement must obtain a court order under 18 U.S.C. §2703(d) (2703(d) order) to compel a provider to disclose more detailed records about a customer’s or subscriber’s use of services