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. ®

Beginner's guide to SSL certificates

More from The Register

next story
FYI: OS X Yosemite's Spotlight tells Apple EVERYTHING you're looking for
It's on by default – didn't you read the small print?
Edward who? GCHQ boss dodges Snowden topic during last speech
UK spies would rather 'walk' than do 'mass surveillance'
Microsoft pulls another dodgy patch
Redmond makes a hash of hashing add-on
NOT OK GOOGLE: Android images can conceal code
It's been fixed, but hordes won't have applied the upgrade
Apple grapple: Congress kills FBI's Cupertino crypto kybosh plan
Encryption would lead us all into a 'dark place', claim G-Men
DEATH by PowerPoint: Microsoft warns of 0-day attack hidden in slides
Might put out patch in update, might chuck it out sooner
'LulzSec leader Aush0k' found to be naughty boy not worthy of jail
15 months home detention leaves egg on feds' faces as they grab for more power
prev story

Whitepapers

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
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?
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.