Federal officials say they can read any electronic communication more than 6 months old at any time 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.
“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.”
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the Email Privacy Act doesn’t address all of the concerns raised by the tech companies and privacy advocates. It does not, for example, restrain the government’s collection of a user’s metadata, which includes information about the communications a user sends and receives but not the content of those communications.
In other words, the Email Privacy Act would not extend Fourth Amendment protections to “non-content” data. Even if the bill becomes law, customers’ names, locations, addresses, routing information and subscriber network addresses still could be subpoenaed without a warrant and without notice, although accessing the content of their conversations would require the authorization of a judicial magistrate or judge.
