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What Congress' New Email-privacy Bill Means For Your Inbox

erier2003 writes: The Electronic Communications Privacy Act Amendments Act has a simple and vital purpose: making it harder for the government to get your email, instant messages, and Facebook chats. It amends a decades-old law to require government agencies to get a warrant to access the contents of any email or other electronic record—no matter how old those communications are. Sen. Mike Lee, one of the bill's cosponsors, told the Daily Dot why it matters. "The bill adds a warrant requirement for communications that were previously considered so old as to be irrelevant to their participants and unworthy of privacy protections. Right now, emails and other electronic messages older than 180 days are considered to have been “abandoned” by the people who sent and received them. Law-enforcement agencies don't need to get a warrant to force a company like Google or Facebook to turn over those communications." The act also requires the government to notify people whose records it has acquired, though they can delay that notice for 90 or 180 days if they feel sending it will put somebody at risk.

44 of 90 comments (clear)

  1. Re:It means nothing by TWX · · Score: 3, Insightful

    What it if actually starts the ball-rolling, so that maybe more legislation later can further actually accomplish something?

    I think it's bullshit that anything over a certain age was considered 'abandoned' when other laws actually mandate the retention of old communications as legal records. At least this starts to make a difference.

    --
    Do not look into laser with remaining eye.
  2. it means nothing, by advocate_one · · Score: 5, Insightful

    they'll just have all traffic routed offshore where it can be freely trawled through in a 'constitution free' zone, or else get the Brits to intercept it all as it goes via a British controlled territory...

    --
    Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    1. Re:it means nothing, by myowntrueself · · Score: 2

      they'll just have all traffic routed offshore where it can be freely trawled through in a 'constitution free' zone, or else get the Brits to intercept it all as it goes via a British controlled territory...

      Theres absolutely no need to route the traffic overseas or through British controlled territory.

      All that needs to happen is that the data is transmitted, it doesn't even need to be collected by any US agency.

      Then the 5 eyes agreement kicks in; US counterintelligence will not stop the British, Canadian, New Zealand nor Australian intelligence agencies intercepting this data in the USA and then feeding that data to US intelligence agencies.

      --
      In the free world the media isn't government run; the government is media run.
    2. Re:it means nothing, by Shortguy881 · · Score: 1

      Its ok, we're on a mission from god.

      --
      Brilliance without wisdom, power without conscience. Ours is a world of nuclear giants and ethical infants.
  3. What's in the fine print? by Anonymous Coward · · Score: 1

    This sounds too good to be true (for personal rights), so either...
    - it won't make it through to legislation
    - it is being used simply to bargain with law enforcement agencies
    - it will some how have a loop hole that means they can go about their business as they do today

  4. Re:It means nothing by jaygridley · · Score: 1, Insightful

    What it if actually starts the ball-rolling, so that maybe more legislation later can further actually accomplish something?

    Won't happen. Congress won't pass anything because terrorists.

  5. Re:It means nothing by ewibble · · Score: 4, Insightful

    They already capture and store data that should have a warrant, without one. This will just add another law that will be ignored. What is needed to start the ball rolling is people being prosecuted for breaking the existing laws.

  6. Re:It means nothing by geekmux · · Score: 2

    IOW: This is bullshit.

    It's just to make us feel good as they snoop confidently about.

    Nothing we can do about that anyway, nor are you going to be able to prove otherwise. Secret programs will continue in secret.

    That said, the instant they want to bring their illegally collected evidence into a courtroom, that is when these new laws should tell them to legally fuck off, and provide judges the ability to dismiss the case, as it should be.

  7. A step in the right direction. Thanks Sen. Lee by raymorris · · Score: 2

    This is certainly a step in the right direction. Thank you Senator Mike Lee, R-UT.

  8. Dead in committee by Anonymous Coward · · Score: 1

    Dead in committee:

    Latest Action: 02/04/2015 Read twice and referred to the Committee on the Judiciary.

  9. Re:It means nothing by PolygamousRanchKid+ · · Score: 5, Funny

    I'm just going to start using Hilary Clinton's mail server. The US government doesn't seem to be able to get access to that. Or, by the time they do, the emails have already been deleted.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  10. Re:It means nothing by fustakrakich · · Score: 1

    NSA has copies...

    --
    “He’s not deformed, he’s just drunk!”
  11. How is something we have no control over by Stan92057 · · Score: 1

    How is something we have no control over in the first place be considered abandoned? I delete my emails "Insert free email provider here" doesn't really delete them they just make it so i cant see it anymore. How can that be considered abandoned? I have US mail letters my first girlfriend sent me are they considered abandoned? no. I don't use my ISP email address Like everyone else because of spam and scams. So what are they doing with deleted,stored emails? That email is paid for it is not free email. IMO they should treat elect email just the same as they do a letter sent through the US mail and we shouldn't except anything less.

    --
    Jack of all trades,master of none
  12. Not going to pass by watermark · · Score: 1

    Gotta maintain the status quo. And if it does pass, that means they don't need to ask for it to get it.

  13. Re:It means nothing by NotDrWho · · Score: 2

    Agreed. What good is enhancing a law that was never enforced, has already been completely ignored by the NSA and two Presidents since 9/11, and has no real penalty even if someone was interested in enforcing it?

    --
    SJW's don't eliminate discrimination. They just expropriate it for themselves.
  14. Riiggghhhhttttt! by tiberus · · Score: 2

    "The bill adds a warrant requirement for communications that were previously considered so old as to be irrelevant to their participants and unworthy of privacy protections. Right now, emails and other electronic messages older than 180 days are considered to have been “abandoned” by the people who sent and received them. Law-enforcement agencies don't need to get a warrant to force a company like Google or Facebook to turn over those communications."

    Okay, so something a mere 180 days old is "irrelevant" to me and "abandoned" by me but, is of value to the government in my prosecution?!?

    Things that make ya go CENSORED.

  15. Re:It means nothing by TWX · · Score: 4, Insightful

    A problem can be attacked from more than one angle. Courts are already starting to take exceptions to the use of Stingray fake cell towers, and if what I've read is correct, it's costing the prosecution convictions. If undisclosed and unwarranted surveillance means that prosecution cannot happen then they'll have to rethink how they go about procedure.

    Don't let-up the pressure but give it time to happen. This kind of thing takes years or decades to resolve, not weeks or months.

    --
    Do not look into laser with remaining eye.
  16. Why the 4th amendment no longer works by MobyDisk · · Score: 5, Insightful

    Law-enforcement agencies don't need to get a warrant to force a company like Google or Facebook to turn over those communications. Agencies just need to assert in writing that they need the communication to further an active investigation.

    If that is the case, it is because Google and Facebook *choose* to turn over those communications. Back when the constitution was written, it was assumed that the accused would refuse to provide information without a warrant. But today, most of our information is held by 3rd-parties who have no reason to withhold our information. So the 4th amendment doesn't work any more.

    The ultimate fault here is that when Google holds my email, it should be *my* email not theirs, so they should not have the legal power to give it out without my consent. That is how the post office worked. They are actually not allowed to intercept mail without a warrant: it isn't theirs to give out. We lost that protection. Same without your gas-and-electric bill, your credit card records, and your passwords (don't forget that one if you use a password manager!). Those things are not yours, so the constitutional protections don't apply.

    1. Re:Why the 4th amendment no longer works by KiloByte · · Score: 2

      This is why it's vital to run your own email server. It's not hard -- "apt-get install exim4 sa-exim" will give you a decent state that's working out of the box (you can adjust it further if you know how), requires hardly any maintenance, and can be shared with friends/family who don't know what a "server" is.

      If you run your own mail, any secret warrants (or warrantless expeditions!) are out, except for man-in-the-middle attacks (ordinary SSL being no-good because it's trivial to silently disable). And those can be stopped once DNSSEC+DANE support becomes mainstream. In Debian, this means postfix or exim from unstable/testing. If you configure your mail server for DANE, everyone with a DANE-capable MTA will send mail to your box securely.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    2. Re:Why the 4th amendment no longer works by steamraven · · Score: 1

      Like Hillary did?

    3. Re:Why the 4th amendment no longer works by Solandri · · Score: 1

      The ultimate fault here is that when Google holds my email, it should be *my* email not theirs, so they should not have the legal power to give it out without my consent.

      You don't have to use Google or Facebook. You can still set up your own email server or web server to post your daily activities. You choose to use Google and Facebook for the convenience, and that convenience comes with the lessened personal protections. Those companies have no duty to protect your rights, or more precisely, you have no right to force those companies to protect your rights. The ultimate fault here is with people who've chosen convenience over standing up for their rights.

      Disclaimer: I use Gmail, though I do have a personal domain and email server if I were ever concerned about the content of said message being on Gmail. But I also know that any email is sent over the net unencrypted, and anyone logging traffic passing through one of the major Internet hubs could read it. So I probably wouldn't be sending any such message over email in the first place.

      That is how the post office worked. They are actually not allowed to intercept mail without a warrant: it isn't theirs to give out.

      The Post Office (1) delivers mail. They don't provide reading and writing facilities for composing and reading mail which is really the only reason people use Gmail instead of Eudora. And (2) they require you to pay for their mail services via stamps. You don't pay for Google and Facebook. Advertisers do. So using the Post Office as an analogy is really only arguing that Google and Facebook should protect their advertisers' rights.

    4. Re:Why the 4th amendment no longer works by MobyDisk · · Score: 1

      The Post Office (1) delivers mail...So using the Post Office as an analogy...

      It wasn't an analogy. It was a literal statement of fact.

    5. Re:Why the 4th amendment no longer works by MobyDisk · · Score: 1

      You don't have to use Google or Facebook.

      Yes, and think bigger!

      To effectively regain my 4th amendment rights as they were when the constitution was written, I would need to avoid the power company, credit card companies, banks, credit monitoring services, Amazon, ebay, hospitals, grocery stores, phone companies, and ISPs. They all could share my information with the government, without a warrant, and without notifying me. We have some specific laws in place for medical records and banking records - but those are the exception, not the rule.

      This is all possible because the default legal position is that any data they have on you is theirs to disseminate, not yours. You can't avoid this unless you go Amish.

    6. Re:Why the 4th amendment no longer works by DutchUncle · · Score: 1

      Bear in mind that the reason the post office was not allowed to intercept mail was PRECISELY because it was being run by the government, so when it was founded, nobody would trust it without such explicit guarantees. The example of bills and bank records is more complex: are those YOUR records of YOUR private business, or are they the company's records of the company's business with you?

    7. Re:Why the 4th amendment no longer works by DutchUncle · · Score: 1

      ... the default legal position is that any data they have on you is theirs to disseminate, not yours.

      The problem is: Is it YOUR record of YOUR business purchasing from them, or is it THEIR record of THEIR business selling to you? It's both.

  17. Re:It means nothing by davester666 · · Score: 1

    Nevermind the gov't position that it is legal to capture and electronically process anything on the internet without a warrant. They ONLY need a rubber-stamp warrant when an employee actually views the data. Unless it's an emergency.

    --
    Sleep your way to a whiter smile...date a dentist!
  18. Means nothing: CIA NSA FBI local cops ignore this by WillAffleckUW · · Score: 1

    It's all in the fine print, and the unconstitutional extra-legal actions of those supposed to defend us from outside threats, who spy on us against our own Constitution, state Constitutions, and federal and state laws which do not permit them to do so, but who will never go to jail for their actions in so doing.

    Welcome to serfdom. ... pause ...

    Actually, no, serfs had rights.

    You don't.

    --
    -- Tigger warning: This post may contain tiggers! --
  19. That's a lot of words to say "jack shit" by xxxJonBoyxxx · · Score: 1

    The article poster used an awful lot of words when "jack shit" would have sufficed.

  20. Based on history... by DoofusOfDeath · · Score: 4, Insightful

    "What Congress' New Email-privacy Bill Means For Your Inbox"

    If the Do-not-call Registry, or the 4th Amendment are any indication, not much.

  21. Re:Name That Party by caseih · · Score: 2

    Why? So you can pass ad hominem judgement based on the team he plays for? Coming from outside the US I've always found the American penchant for naming politicians with a little letter beside their name a bit odd. Particularly when from an outside perspective both main parties are virtually identical in policy terms. I think I'd prefer to judge congress people on their own merit rather than painting them with a broad team brush all the time.

  22. CAN-SNOOP by Chelloveck · · Score: 1

    By the time this bill is law, it will be changed so much that it defends the privacy of your inbox every bit as well as CAN-SPAM defends it from unsolicited commercial email.

    --
    Chelloveck
    I give up on debugging. From now on, SIGSEGV is a feature.
  23. They can "Request"? by TheCarp · · Score: 1

    So they can request notifications be delayed..... nice. So is it a felony for them to improperly request delay? I feel it should be. They are supposed to understand the law they enfoce, they should be held to the strictest standards against it.

    One of the worst things we do is allow law enforcement to go around bending and breaking laws, while holding everyone else's balls to the fire.

    If they are trying to put others in jeapordy, they should face the same. Every single time, and it should be severe.

    --
    "I opened my eyes, and everything went dark again"
  24. Rand Paul is not a co-sponsor. by Ungrounded+Lightning · · Score: 1

    It is a pacifier. There is no milk.

    I agree.

    First I note that Rand Paul is not on board as a co-sponsor. On any alleged civil-liberties-promoting Senate bill that's a big red flag saying "Look for the 'gotchas'".

    Even a cursory look at the summary shows that it explicitly does not block "administrative" subpoenas and authorizes delaying or blocking the very notifications it's purported to require. "Get a warrant!" is a big so-what when they have a rubber-stamp court that gives them whatever warrants they want.

    So I'm not even bothering to read any deeper. It smells (to high heaven) like a sound-good bill intended to substitute for any REAL reform and take the pressure off the legislators.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  25. Bills are typically doing the opposite. by GoodNewsJimDotCom · · Score: 1

    The last bill that was past was claiming to reign in spying, but it for the first time legalized spying on American citizens. People were claiming it reigned in spying powers, but it actually gave out tons of legalized spying powers. I love the USA, but the people writing the laws like to treat us like mushrooms.

  26. And nothing wil be different by houghi · · Score: 1

    They could say that if the government did something wrong, the resposible people would be hanged in public by default without a trial, but that means nothing.

    If your kid steals a cookie and all you do is say he should not do it, the kid will steal more cookies. This is not because the kid is bad, this is because the parent does nothing.

    And then people say "but the constitution says ..." So? It might be nice as a starting point for a discussion, but in reality it means nothing.

    --
    Don't fight for your country, if your country does not fight for you.
  27. Google? by Dcnjoe60 · · Score: 1

    So, if the government needs a warrant to read your emails, what about Google?

  28. Secret by BrianMarshall · · Score: 1

    If undisclosed and unwarranted surveillance means that prosecution cannot happen then they'll have to rethink how they go about procedure.

    So... more secret laws, secret trials, secret jails?

    --
    "When the going gets weird, the weird turn pro" -- HST
  29. a morman? Is that like a mermaid? by raymorris · · Score: 1

    Is a mor-man the male analogue to a mer-maid? English, mother fucker, do you speak it?

  30. Re:Name That Party by jmac_the_man · · Score: 1
    1. If we're talking about a proposed law, this is a hint to how likely it is that the law will be enacted pass. (If you're familiar with parlimentary systems, think about the difference between a proposal by the real Minister of Whatever and the Shadow Minister of Whatever.)

    2. If you live in the person's district, and you like the kind of things they propose, you should remember to vote for them in the next election. (Alternatively, if you dislike the kind of scandals they get in, you should remember not to vote for them.)

    3. Yes, most elected Republicans agree on most things. Most elected Democrats agree on most things. The fact that Lee's bill is coming to the floor means that it has support from the elected officials in his party. The next Republican to run in a Senate election a given American voter base an opportunity to vote for would probably vote for this bill if they had the chance, whether that candidate is an incumbent or not. (I'm not sure if the bill has Democrat support, but if it does, the next Democrat would vote for it if they had the chance and if it doesn't they'd vote against it.)

    4. By calling the comment "Name that Party," I'm criticizing outlets (of which there are plenty) that tend to hide or help party affiliations in a way that helps the Democrats. Say you have a story about a mid level or low level politician getting caught doing something bad. If the politician is a Democrat, they'll probably hide the party affiliation and if the politician is a Republican, they'll emphasize it. This leads to the impression that Republicans are invariably corrupt. Say the politician did something good or popular, like Lee did in this case (at least to the Slashdot* audience.) If the politician is a Democrat, they'll emphasize the label and if the politician is a Republican, they'll hide it, which leads to the impression that only Democrats have good and popular ideas.

    But anyway, all this is standard practice in the United States. If you're not an American, why do you care how American publications cover American politics. Since you can't vote for or against Lee and his law isn't going to come to pass in your country, why would you bother reading this thread in the first place?

    *Slashdot plays this game, but unlike most outlets it's not so much that they're trying to create an impression as much as that the editing is always incompetent anyway.

  31. Re:It means nothing by fustakrakich · · Score: 1

    I love the world we live in. You can say the exact same thing I did, and we get modded in opposite directions. Is it because people hate me? I wouldn't know

    --
    “He’s not deformed, he’s just drunk!”
  32. 180 days? by coofercat · · Score: 1

    If things 180 day old were no use, we'd have no slashdot at all ;-)

  33. Laws for the Lawless by Lotharus · · Score: 1

    Passing laws does nothing to curtail the actions of those with no intent to follow the law.

  34. Re:It means nothing by ewibble · · Score: 1

    I didn't quite say what you said, what i said is you can legislate (especially against government agencies), but if you are not going to enforce it, what is the point of even more legislature that you are not going to enforce. What I understood you said is you can't legislate at all.

    Then again I don't know why you where modded down, it wasn't rude or said just to get a negative reaction. And don't assume people hate you, I definitely don't, I don't even know you. Modding is a little bit random. When things like that happen to me I just blame it on chance, sure people may hate me but thinking that way only leads me to be upset, I have no real evidence either way, so it is best for my sanity to live in blissful ignorance rather than unhappy ignorance.

  35. Re:It means nothing by fustakrakich · · Score: 1

    What I understood you said is you can't legislate at all.

    I'm sorry if my figurative speech that it's 'impossible' to legislate led to any confusion. Yes, you can write all the laws you want on this, and they will be circumvented quite easily with corrupt judges who rubber stamp warrants, as they are now. None if this will stop them from dragging you through the system should the desire arise. They can lock you up for years and then drop the charges before it comes up before the judge in public court. Until a person's stolen time can be recuperated, the law will serve no purpose outside the lawyering business. What really is impossible is knowing what information is being stored and who is collecting it. No law can protect you from that. Trust is long gone, it is naive to assume anything but the worst.

    --
    “He’s not deformed, he’s just drunk!”