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Congress, at Last Minute, Drops Requirement to Obtain Warrant to Monitor Email

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Re: Congress, at Last Minute, Drops Requirement to Obtain Warrant to Monitor Email

#81
post #2

I wish we would treat cyberspace analogues of established property with the same respect given to the original. For example, your e-mail inbox is the online equivalent of your mailbox. Yet, one being "on your lawn" and the other "at Google's data-center," all bets are off. While I believe the Supreme Court should do better job at explicitly addressing this (for instance, "responsible expectation of privacy" establish…

The Sixth Disctrict court of appeals did address this directly in US v Warshak [0]. What this scare article does a good job of is confusing the reader. Unopened email left on a 3rd party server for longer than 180 days was considered discarded or abandoned property. Discarded physical property has never retained a reasonable expectation of privacy (for instance, the police are free to dumpster dive once your property…

Anything we can do to proactively claim or declare our emails older than 180 days to be not discarded and not abandoned? Or move them to a new server periodically so that they aren't stored in a server for more than 180 days?

From Wikipedia [1]: "Property is generally deemed to have been abandoned if it is found in a place where the true owner likely intended to leave it, but is in such a condition that it is apparent that he or she has no intention of returning to claim it."

I'm winging it here, but Gmail could have an optional feature to prompt every three months "do you claim your mail from January 2005 to December 2012?", and just answer yes every time. Then Google could respond to be subpoena that the user has no mail that has not been claimed in 180 days.

Any lawyers here who can come up with something more solid?

[1] http://en.m.wikipedia.org/wiki/Lost,_mislaid,_and_abandoned_...

(Be nice if you had some contact info on your profile)

Re: Congress, at Last Minute, Drops Requirement to Obtain Warrant to Monitor Email

#82
post #3
post #2

I wish we would treat cyberspace analogues of established property with the same respect given to the original. For example, your e-mail inbox is the online equivalent of your mailbox. Yet, one being "on your lawn" and the other "at Google's data-center," all bets are off. While I believe the Supreme Court should do better job at explicitly addressing this (for instance, "responsible expectation of privacy" establish…

There is nothing about monitoring our email that is necessary for security. The war on terror is a giant hoax, more people are killed every year choking on peanut butter. Members of the government are always reaching for more and more control over our lives and power to watch us.

>The war on terror is a giant hoax, more people are killed every year choking on peanut butter.

The fact that the Islamists don't kill millions every year doesn't make it a "giant hoax". The fact that they haven't killed more isn't due to a lack of motivation, only to a lack of means. And they've been reaching for the means.

Re: Congress, at Last Minute, Drops Requirement to Obtain Warrant to Monitor Email

#84
post #2

I wish we would treat cyberspace analogues of established property with the same respect given to the original. For example, your e-mail inbox is the online equivalent of your mailbox. Yet, one being "on your lawn" and the other "at Google's data-center," all bets are off. While I believe the Supreme Court should do better job at explicitly addressing this (for instance, "responsible expectation of privacy" establish…

The Sixth Disctrict court of appeals did address this directly in US v Warshak [0]. What this scare article does a good job of is confusing the reader. Unopened email left on a 3rd party server for longer than 180 days was considered discarded or abandoned property. Discarded physical property has never retained a reasonable expectation of privacy (for instance, the police are free to dumpster dive once your property…

This is the most informed post here so far. A couple of important points to add.

The problem is 2703(f). It allows a government entity to request a snapshot of a user's account "pending the issuance of a court order or other process", meaning that 180 days later, the government can just issue a subpoena - they get their foot in the door and then come back later with the lowered bar, and only need a subpoena. Same effect as not having warrant protection. http://www.law.cornell.edu/uscode/text/18/2703

It's important to point out that the 90-day notification can be renewed indefinitely, pursuant to 2703(f)(2), which is probably a breach of what the 4th Amendment intended.

Re: Congress, at Last Minute, Drops Requirement to Obtain Warrant to Monitor Email

#85

Earlier quoted context omitted.

Is there really actual fear today in a western country? I think actual fear would have to come from injuries to someone you know and can feel empathy towards. Dunbars number suggests theres only very little of that based on the number of deaths due to terrorism.

> Is there really actual fear today in a western country? Have you met the republican party? Their entire base lives off fear. > I think actual fear would have to come from injuries to someone you know and can feel empathy towards. It's not fear of death or injury, but fear of "other", of change, of being marginalized.

Relevant: http://www.theamericanconservative.com/open-minded-conservat...

Supposedly based on an actual study - I'll let you vet the sources ;)

Re: Congress, at Last Minute, Drops Requirement to Obtain Warrant to Monitor Email

#86

Earlier quoted context omitted.

The Sixth Disctrict court of appeals did address this directly in US v Warshak [0]. What this scare article does a good job of is confusing the reader. Unopened email left on a 3rd party server for longer than 180 days was considered discarded or abandoned property. Discarded physical property has never retained a reasonable expectation of privacy (for instance, the police are free to dumpster dive once your property…

Anything we can do to proactively claim or declare our emails older than 180 days to be not discarded and not abandoned? Or move them to a new server periodically so that they aren't stored in a server for more than 180 days? From Wikipedia [1]: "Property is generally deemed to have been abandoned if it is found in a place where the true owner likely intended to leave it, but is in such a condition that it is apparen…

Google already does not fulfill subpoenas for email seizures in many cases due to the decision in Warshak - their contention is that they cannot be sure if the user resides or uses their email under the jurisdiction of the Sixth Circuit.

It's puzzling to think about why Warshak wasn't appealed to the Supreme Court (SC), where a decision would have federal instead of regional consequences. The Justice Department most likely felt such a move could easily end in the SC siding with the Sixth, ending the free lunch on electronic communications seizures that law enforcement currently enjoys.

Re: Congress, at Last Minute, Drops Requirement to Obtain Warrant to Monitor Email

#87
post #67

Earlier quoted context omitted.

> Is there really actual fear today in a western country? Have you met the republican party? Their entire base lives off fear. > I think actual fear would have to come from injuries to someone you know and can feel empathy towards. It's not fear of death or injury, but fear of "other", of change, of being marginalized.

> Have you met the republican party? Their entire base lives off fear. First off not all in the republican party can be characterized this way. You are painting with very broad strokes. Many turn the republican party because they are the closest they can get to their economic beliefs. > It's not fear of death or injury, but fear of "other", of change, of being marginalized. Do you honestly believe this? Do you get yo…

What is an "economic belief"? Seeing how broken our financial system and ways of thinking about it are, I take it it's some kind of religion, including all the baggage that comes with such an approach?

Re: Congress, at Last Minute, Drops Requirement to Obtain Warrant to Monitor Email

#88
post #67

Earlier quoted context omitted.

> Is there really actual fear today in a western country? Have you met the republican party? Their entire base lives off fear. > I think actual fear would have to come from injuries to someone you know and can feel empathy towards. It's not fear of death or injury, but fear of "other", of change, of being marginalized.

> Have you met the republican party? Their entire base lives off fear. First off not all in the republican party can be characterized this way. You are painting with very broad strokes. Many turn the republican party because they are the closest they can get to their economic beliefs. > It's not fear of death or injury, but fear of "other", of change, of being marginalized. Do you honestly believe this? Do you get yo…

> First off not all in the republican party can be characterized this way.

Duh. Do I really need to preface every statement I make with "this is a generalization that doesn't apply to every single person" or can I just assume that you have some intelligence and don't assume everyone speaks in absolute terms and that when I said base, that quite obviously doesn't mean everyone.

> You are painting with very broad strokes.

That's rather the point of generalizing; it's useful.

> Many turn the republican party because they are the closest they can get to their economic beliefs.

Hopefully they're sobering up and realizing how ridiculous that choice was.

> Do you honestly believe this?

I observe this, it's not a matter of belief, I live in a red state and see it constantly.

> Do you get your views of republicans from reddit and articles you read about people talking about fox news?

I see, it couldn't possibly be because I know a lot of republicans, it must be Fox news. I live in Arizona, practically the center of republican crazy these days; I don't have to make shit up.

Re: Congress, at Last Minute, Drops Requirement to Obtain Warrant to Monitor Email

#89
post #85

Earlier quoted context omitted.

> Is there really actual fear today in a western country? Have you met the republican party? Their entire base lives off fear. > I think actual fear would have to come from injuries to someone you know and can feel empathy towards. It's not fear of death or injury, but fear of "other", of change, of being marginalized.

Relevant: http://www.theamericanconservative.com/open-minded-conservat... Supposedly based on an actual study - I'll let you vet the sources ;)

Not relevant, I live in Arizona and lack of contact with conservatives is not an issue; hell, I wish it were.

Re: Congress, at Last Minute, Drops Requirement to Obtain Warrant to Monitor Email

#90

Earlier quoted context omitted.

Of course, but that fear that enables the war is the same fear the war is meant to eliminate, the fear caused by the initial terror attack. 911 scared the hell out of people, enough to allow some dreadful laws to be passed, but out of fear people do stupid things to try and feel safe again. The TSA doesn't make us safe, but it made most feel safer, at least initially.

Using war to cure terror is like using cyanide to cure a headache. Osama bin Laden would have killed more Americans by investing in Ford and GM+. And after the bailout, he would have made a profit too! + I'm not picking on Ford or GM here, they make fine cars. But automobiles kill far more people every year than terrorism has in the last decade.

> But automobiles kill far more people every year than terrorism has in the last decade.

Seems you rather missed the point of the whole thread; terrorism isn't about killing.

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