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Texas Poised To Pass Unprecedented Email Privacy Bill

An anonymous reader writes "A bill has reached the desk of Texas Governor Rick Perry that would give stronger privacy protections to email accounts than exist in any other state. If Perry signs it (or simply declines to veto it before June 16th), the legislation would force law enforcement agencies to obtain a warrant before reading somebody's email, even if the email has been sitting on the server for a long time. 'As we've noted many times before, there are no such provisions in federal law once the e-mail has been opened or if it has been sitting in an inbox, unopened, for 180 days. In March 2013, the Department of Justice acknowledged in a Congressional hearing that this distinction no longer makes sense and the DOJ would support revisions to ECPA.' This bill passed the state legislature unanimously. The article points out that the legislation won't protect from federal investigations, but it will set a precedent that the U.S. Congress will surely notice. An attorney with the EFF said, 'It's significant as proof that privacy reform is not only needed, but also politically-feasible with broad bipartisan support. And hopefully that will impact federal ECPA reform efforts by getting people on both of sides of the political aisle to work together to make meaningful electronic privacy reform a reality. The more states that pass similar legislation, the more pressure it will put on Congress to keep up with the changing legal landscape.'"

15 of 262 comments (clear)

  1. Texas leads the way, again by SplashMyBandit · · Score: 5, Insightful

    Lots of folks like to mis-characterize Texas and Texans, but as a foreigner they seem to be doing plenty of things right. Their state economy is not borked like California, they have low tax, they value individual rights more than overbearing 'nanny' governance, and they have good political leadership. Ted Cruz for Prez 2016 would not be a bad choice it seems - he's very smart and would stop the current rot in DC.

    1. Re:Texas leads the way, again by ArcherB · · Score: 5, Insightful

      If you think that Ted Cruz would be a serious presidential contender then you have no idea what you are talking about. I am a Texan and he is a joke to most of the state. As much eye rolling as he causes within the state, he would cause even more than Rick Perry did on the national stage. I am not saying your completely wrong, but please do a bit more research before thinking Cruz (or Perry) are responsible for much of anything that is right with our state.

      Ted Cruz is a "joke to most of the state"? Tell me, genius, how did he win his Senatorial election by such a wide margin? He may be a joke in YOUR circles, but everyone I speak to thinks the man is brilliant, with the exception of the most rabid liberals who think that it is OK for the IRS to target conservatives for no other reason than they are conservatives.

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    2. Re:Texas leads the way, again by girlintraining · · Score: 5, Insightful

      Lots of folks like to mis-characterize Texas and Texans, but as a foreigner they seem to be doing plenty of things right.

      This legislation would only affect organizations and individuals within the state of Texas, whose customers are also within the State of Texas, when dealing with local and state authorities. And even with that very significant limitation, the fact that internet traffic is, by definition, interstate, means that this piece of legislation has next to zero chance of surviving in Federal court. Federal law and jurisdiction trumps state law; And all a court needs to say to put an end to this is say "Interstate commerce! Congress only! Denied."

      Their state economy is not borked like California,

      Off topic, but I'll bite. Texas is ranked 9 and California 14 in terms of federal tax dollars contributed versus taken as of 2007. Both are net positive, and within 1 standard deviation. Neither state economy is "borked".

      they have low tax,

      Continuing to go off topic... There's at least a million different taxes. Can you be more specific on which one?

      they value individual rights more than overbearing 'nanny' governance,

      The most important right, the right to life, is apparently eschewed -- Texas murders its own citizens at a rate higher than the rest of the country combined and has won numerous dubious awards for its human rights abuses, especially in prison. Whatever their values, their actions speak to a marked lack of respect for human life, a fact often highlighted in international press.

      and they have good political leadership.

      I'm not even sure how to approach this; It's fractally flamebait-worthy, if only because the popular opinion is that "good" should never appear in the same sentence as "political leadership", which itself is popularly held to be an oxymoron.

      Ted Cruz for Prez 2016 would not be a bad choice it seems - he's very smart and would stop the current rot in DC.

      Oooh, so epically off-topic now... le sigh. Okay then. Yes, another graduate of Harvard Law and Princeton will surely clean up the 'rot' of all the other politicians in Congress, most of whom also hold Ivy-league degrees. And I'm the Queen of England. And I don't want to vote for a man who thinks communists teachers at his alma matter are plotting to overthrow the government and often resorts to wild accusations of impropriety towards his opponents -- like suggesting a nominee to the secretary of defense position was accepting bribe money from North Korea. The dude's got a screw loose -- if you want to show how Texas is full of competent and rational people, make a better choice.

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    3. Re:Texas leads the way, again by Intropy · · Score: 3, Insightful

      That article is about executions not murders. You are either confused or making a deliberate misrepresentation.

    4. Re:Texas leads the way, again by girlintraining · · Score: 2, Insightful

      That article is about executions not murders. You are either confused or making a deliberate misrepresentation.

      Murder is the deliberate killing of another human being. Which part of strapping someone to a chair and then murdering them do you not understand? That it's legal has nothing to do with whether it is moral or ethical. You call it an execution, but the only difference between your 'execution' definition and the 'murder' definition is "We made it legal." In other words, absent a law making it okay for the state to murder people, it is the exact same thing.

      But this is all academic; Regardless of what definition you want to use, Texas is murdering, or executing, people more than the rest of the country combined. This means that either Texas is "trigger happy", or that something is seriously psychologically wrong with the average Texan to the point that this amount of capital punishment is necessary. Well, actually, both problems are psychological, but you get where I'm going with this: What makes Texas different?

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    5. Re:Texas leads the way, again by laughingcoyote · · Score: 2, Insightful

      Even if evolution is "part" of the state standard, teaching of creationism in a science class is forbidden by both law and definition. It was ruled by the SCOTUS, long ago, to be a religious doctrine and not a scientific theory, and it is exactly that, as it is either unfalsifiable (old-earth) or already falsified (young-earth). Any "science" class teaching creationism, is not one.

      If you really need a citation for the SCOTUS ruling, I'll dig one up. But yes, I absolutely have "something to stand on" here.

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    6. Re:Texas leads the way, again by SEE · · Score: 4, Insightful

      . . . which is why in the civilized parts of the world they put their soldiers in prison if they kill anybody in combat?

      Every society in the world, without exception, allows agents of the state to use lethal force.

      The implicit racism of declaring India, Japan, South Korea, and Taiwan uncivilized is truly disgusting. The idea that they're barbarians because they don't adhere to a recently-invented purely European standard of what circumstances allow lethal force to be used by the state is intellectually indefensible.

    7. Re:Texas leads the way, again by laughingcoyote · · Score: 2, Insightful

      Why are you asking "statute in Texas law"? I thought I was pretty clear it was a Supreme Court ruling. (I did use an unqualified acronym for it, SCOTUS, so if that's the source of the confusion I apologize.)

      Anyway, Dover v. Kitsmiller is one of the well-known and recent ones, but never reached the SCOTUS. One that did, though, is Freiler v. Tangipahoa Parish Board of Education. That explicitly barred even the mention of creationism as an "alternative" to evolution, let alone its explicit teaching. That went all the way to the SCOTUS after the school board was ruled against, and the SCOTUS declined to consider a reversal, so that decision became final, and with the Supreme Court refusal to reverse, became caselaw for the entire land.

      Since Supreme Court decisions are sovereign over Texas law, that makes it illegal in Texas or anywhere else in the US. That stems, of course, ultimately, from the First Amendment (government may not establish/endorse religion), and the Fourteenth (rights amendments applied to state/local law as well as federal). Those are ultimately the laws at play here. I'm not sure why you think Texas law would have anything to do with it.

      I'm also unsure why you think "(my) personal definitions" have force under Texas law, or where you think I claimed that. But the Supreme Court of the United States, and the US Constitution, most certainly do have legal and binding force in Texas.

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    8. Re:Texas leads the way, again by Minupla · · Score: 4, Insightful

      OK, here goes:

      ****WARNING: I AM ABOUT TO BREAK GODWIN'S LAW.****

      When we refer to the atrocities in Nazi Germany, in spite of them being nominally legal (they were declared extra-legal by Hitler, placing them in the same logical category as gitmo) we refer to the murder of the Jewish people.

      So therefore regardless of dictionary definition, I think the general consensus is that the difference between murder and execution is a moral one, subject to hindsight.

      BTW, Canada's murder rate went DOWN after we stopped executing people. Just sayin.

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    9. Re:Texas leads the way, again by chihowa · · Score: 1, Insightful

      So your official stance is that because Bush was horrible, Obama is a saint? Or as the parent put it:

      And don't pull that "Bush lied" crap either. That's a fallacy of "Two wrongs make a right." If Bush were a murderer, would that make it OK for Obama to just be a rapist?

      You Republicrat cheerleaders make me sick. Can you fuckers stop rooting for your team long enough to see that both teams are rotten? You're making the whackjob parent look reasonable. At least he wasn't apologizing for Bush.

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  2. Rule of Thumb by MarkvW · · Score: 4, Insightful

    If a privacy bill makes it harder to catch corrupt legislators, then you can be pretty sure it is going to pass.

  3. Re: Texas leads the way, again-- que horror! by Dave+Emami · · Score: 4, Insightful

    BTW the low tax Texas is myth just look how much we pay property tax!

    Well, as taxes go, property taxes come closer than most others to having the tax burden be proportional to how much it costs the government to provide services to you. I have moral problems with taxes per se, but if we have to have them, then having the amount of money you have to pay to Texas be proportional to how much you own of Texas is much better than an income tax or a sales tax.

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  4. Re: Texas leads the way, again-- que horror! by Dave+Emami · · Score: 4, Insightful

    OK...so for those working a minimum wage job trying to support a family, who own no property in Texas, you're fine with them not having to pay tax? Or are you going to call them freeloaders? or part of the 47%? Or maybe things aren't so black-and-white?

    I'm fine with them not having to pay a direct tax for those services that are funded by the property tax. First, they will be paying it indirectly via the rent they pay to their landlord, just like they indirectly pay gas tax on items they buy that have been trucked to the store. Second, I would not propose having everything paid this way, just those services whose cost is (roughly) proportional to the value/size of your property -- police protection, for instance, since thieves obviously would rather rob rich people than poor people. The aforementioned gas tax is a better way to pay for roads, since (until electric cars become more popular) the amount of gas you burn is roughly proportional to how much wear and tear you inflict on the roads. That assumes that the gas tax goes only for the roads and doesn't, as it usually is now, get put into the general fund. That general fund is one of the basic problems, because it muddles the connection between what you pay and what you take.

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  5. Re:Opened by ebno-10db · · Score: 3, Insightful

    There is only one possible meaning, silly-head: there is some electronic record of the message being marked "read".

    You're probably right, but it makes no sense. If you receive a letter and open it, that doesn't give the government the right to read it. The lack of protection for email is completely at odds with the Supreme Court's usual "reasonable expectation of privacy" requirement.

  6. Re:Opened by IndustrialComplex · · Score: 3, Insightful

    Opening an email and then leaving it on the server (as most people do) is like...

    ... is like not taking explicit action to delete the email from the server.

    No need for complicated analogies when the situation isn't that complicated.

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