Feds: the 4th Amendment doesn't apply to your emails more than 180 days old
According to the Federal Government, your 4th Amendment right to privacy doesn’t apply to any electronic communications over 180 days old. This includes your email and text messages.
If you’ve been remiss in cleaning out your email in-box, here’s some incentive: The federal government can read any emails that are more than six months old without a warrant.
Little known to most Americans, ambiguous language in a communications law passed in 1986 extends Fourth Amendment protections against unreasonable search and seizure only to electronic communications sent or received fewer than 180 days ago.
The language, known as the “180-day rule,” allows government officials to treat any emails, text messages or documents stored on remote servers – popularly known as the cloud – as “abandoned” and therefore accessible using administrative subpoena power, a tactic that critics say circumvents due process.
As you rush to purge your Gmail and Dropbox accounts, however, be forewarned that even deleted files still could be fair game as long as copies exist on a third-party server somewhere.
The Electronic Communications Privacy Act of 1986 was written at a time when most people did not have email accounts, said Republican Rep. Kevin Yoder of Kansas, who is leading efforts in the House of Representatives to update the law.
“The government is essentially using an arcane loophole to breach the privacy rights of Americans,” Yoder said. “They couldn’t kick down your door and seize the documents on your desk, but they could send a request to Google and ask for all the documents that are in your Gmail account. And I don’t think Americans believe that the Constitution ends with the invention of the Internet.”
Bipartisan legislation introduced earlier this month by Yoder and Rep. Jared Polis, a Colorado Democrat, would require government agencies and law enforcement officials to obtain a search warrant based on probable cause.
Opposition to things like this should be bipartisan. In fact, it should be virtually universal.