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Re: [ttp-cadems] Fwd: [IP] Senate bill rewrite lets feds read your e-mail without warrants

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  • Elvira Williams
    ________________________________ From: Mark To: AQoV YahooGroup Sent: Tuesday, November 20, 2012 4:13
    Message 1 of 1 , Nov 20, 2012

      From: Mark <mhullrich@...>
      To: AQoV YahooGroup <AQuestionOfValues@yahoogroups.com>
      Sent: Tuesday, November 20, 2012 4:13 PM
      Subject: [ttp-cadems] Fwd: [IP] Senate bill rewrite lets feds read your e-mail without warrants
      Read it for yourself - aren't these the Democrats we elected to
      protect our freedoms?

      ---------- Forwarded message ----------
      From: DAVID J. FARBER <mailto:farber%40gmail.com>
      Date: Tue, Nov 20, 2012 at 12:12 PM
      Subject: [IP] Senate bill rewrite lets feds read your e-mail without warrants
      To: ip <mailto:ip%40listbox.com>

      Begin forwarded message:

      From: Dewayne Hendricks <mailto:dewayne%40warpspeed.com>
      Subject: [Dewayne-Net] Senate bill rewrite lets feds read your e-mail
      without warrants
      Date: November 20, 2012 2:37:38 PM EST
      To: Multiple recipients of Dewayne-Net <mailto:dewayne-net%40warpspeed.com>
      Reply-To: mailto:dewayne-net%40warpspeed.com

      [Note: This item comes from friend Steve Goldstein. DLH]

      From: Steve Goldstein <mailto:steve.goldstein%40cox.net>
      Subject: Senate bill rewrite lets feds read your e-mail without
      warrants | Politics and Law - CNET News
      Date: November 20, 2012 10:35:32 AM PST
      To: Hendricks Dewayne <mailto:dewayne%40warpspeed.com>

      Senate bill rewrite lets feds read your e-mail without warrants
      By Declan McCullagh
      November 20, 2012

      Proposed law scheduled for a vote next week originally increased
      Americans' e-mail privacy. Then law enforcement complained. Now it
      increases government access to e-mail and other digital files.

      A Senate proposal touted as protecting Americans' e-mail privacy has
      been quietly rewritten, giving government agencies more surveillance
      power than they possess under current law.

      CNET has learned that Patrick Leahy, the influential Democratic
      chairman of the Senate Judiciary committee, has dramatically reshaped
      his legislation in response to law enforcement concerns. A vote on his
      bill, which now authorizes warrantless access to Americans' e-mail, is
      scheduled for next week.

      Revised bill highlights

      ✭ Grants warrantless access to Americans' electronic correspondence to
      over 22 federal agencies. Only a subpoena is required, not a search
      warrant signed by a judge based on probable cause.

      ✭ Permits state and local law enforcement to warrantlessly access
      Americans' correspondence stored on systems not offered "to the
      public," including university networks.

      ✭ Authorizes any law enforcement agency to access accounts without a
      warrant -- or subsequent court review -- if they claim "emergency"
      situations exist.

      ✭ Says providers "shall notify" law enforcement in advance of any
      plans to tell their customers that they've been the target of a
      warrant, order, or subpoena.

      ✭ Delays notification of customers whose accounts have been accessed
      from 3 days to "10 business days." This notification can be postponed
      by up to 360 days.

      Leahy's rewritten bill would allow more than 22 agencies -- including
      the Securities and Exchange Commission and the Federal Communications
      Commission -- to access Americans' e-mail, Google Docs files, Facebook
      wall posts, and Twitter direct messages without a search warrant. It
      also would give the FBI and Homeland Security more authority, in some
      circumstances, to gain full access to Internet accounts without
      notifying either the owner or a judge. (CNET obtained the revised
      draft from a source involved in the negotiations with Leahy.)

      It's an abrupt departure from Leahy's earlier approach, which required
      police to obtain a search warrant backed by probable cause before they
      could read the contents of e-mail or other communications. The Vermont
      Democrat boasted last year that his bill "provides enhanced privacy
      protections for American consumers by... requiring that the government
      obtain a search warrant."

      Leahy had planned a vote on an earlier version of his bill, designed
      to update a pair of 1980s-vintage surveillance laws, in late
      September. But after law enforcement groups including the National
      District Attorneys' Association and the National Sheriffs' Association
      organizations objected to the legislation and asked him to "reconsider
      acting" on it, Leahy pushed back the vote and reworked the bill as a
      package of amendments to be offered next Thursday. The package (PDF)
      is a substitute for H.R. 2471, which the House of Representatives
      already has approved.

      One person participating in Capitol Hill meetings on this topic told
      CNET that Justice Department officials have expressed their
      displeasure about Leahy's original bill. The department is on record
      as opposing any such requirement: James Baker, the associate deputy
      attorney general, has publicly warned that requiring a warrant to
      obtain stored e-mail could have an "adverse impact" on criminal

      Christopher Calabrese, legislative counsel for the American Civil
      Liberties Union, said requiring warrantless access to Americans' data
      "undercuts" the purpose of Leahy's original proposal. "We believe a
      warrant is the appropriate standard for any contents," he said.

      An aide to the Senate Judiciary committee told CNET that because
      discussions with interested parties are ongoing, it would be premature
      to comment on the legislation.

      Marc Rotenberg, head of the Electronic Privacy Information Center,
      said that in light of the revelations about how former CIA director
      David Petraeus' e-mail was perused by the FBI, "even the Department of
      Justice should concede that there's a need for more judicial
      oversight," not less.


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      Mark Richter
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