What happens when the law hasn't quite caught up to technology? Chicanery ensues. According to a report by cnet, the US DOJ is attempting to gain access to email messages of Yahoo! Mail users without first obtaining a search warrant.
According Kevin Bankston, attorney for the Electronic Frontier Foundation:
"The government is trying to evade federal privacy law and the Constitution." Yahoo's brief is also worth noting. Like the coalition's filing, it argues that "users have a reasonable expectation of privacy in their e-mails" and says the Fourth Amendment requires police to obtain a warrant to peruse stored messages. And it confirms that prosecutors want "all e-mail" in the targeted Yahoo Mail accounts, even if it's not relevant to the investigation or could include documents protected by the attorney-client privilege.
Looks like Big Brother is at it again!
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