Feeds

Google and friends back bid to block warrantless email search

Reinforcements for Yahoo!

Security for virtualized datacentres

A coalition of civil liberties groups has joined Yahoo! in its bid to block a government attempt to read messages in a Yahoo! email account without a search warrant.

The Department of Justice is seeking the documents in a case that is under seal, and apparently, the agency hasn't notified the account holder of the request, according to the Electronic Frontier Foundation, one of the groups opposing the move. The groups argue that federal law and the Constitution's Fourth Amendment clearly require the government to get a search warrant that's based on probable cause a crime has been committed.

Government attorneys, meanwhile, have said a warrant isn't needed because the emails have already been read. They've also claimed that the unidentified user has no expectation that his emails are private because Yahoo has the technical ability to access them.

"The mere fact that a service provider has the ability to access email messages does not defeat the user's expectation of privacy in their contents, just as the fact that telephone wires lead outside the home does not extinguish the Fourth Amendment rights of those talking over the telephone lines, and just as the fact that one has a roommate or is renting a room does not defeat Fourth Amendment protection in one's home or hotel room," the groups wrote in a friend-of-the-court brief (PDF) filed on Tuesday.

According to the brief, the government claims that under the Stored Communications Act, the emails don't count as "electronic storage" and therefore receive less privacy protection than do unread messages. Yahoo! is fighting the search request.

In addition to the EFF, other groups that filed Tuesday's brief include Google, the Center for Democracy and Technology, and the Samuelson-Glushko Technology Law & Policy Clinic. ®

Secure remote control for conventional and virtual desktops

More from The Register

next story
NASTY SSL 3.0 vuln to be revealed soon – sources (Update: It's POODLE)
So nasty no one's even whispering until patch is out
Russian hackers exploit 'Sandworm' bug 'to spy on NATO, EU PCs'
Fix imminent from Microsoft for Vista, Server 2008, other stuff
Forget passwords, let's use SELFIES, says Obama's cyber tsar
Michael Daniel wants to kill passwords dead
FBI boss: We don't want a backdoor, we want the front door to phones
Claims it's what the Founding Fathers would have wanted – catching killers and pedos
Kill off SSL 3.0 NOW: HTTPS savaged by vicious POODLE
Pull it out ASAP, it is SWISS CHEESE
Facebook slurps 'paste sites' for STOLEN passwords, sprinkles on hash and salt
Zuck's ad empire DOESN'T see details in plain text. Phew!
Admins! Never mind POODLE, there're NEW OpenSSL bugs to splat
Four new patches for open-source crypto libraries
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Win a year’s supply of chocolate
There is no techie angle to this competition so we're not going to pretend there is, but everyone loves chocolate so who cares.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.