Feeds

Google and friends back bid to block warrantless email search

Reinforcements for Yahoo!

New hybrid storage solutions

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
Google recommends pronounceable passwords
Super Chrome goes into battle with Mr Mxyzptlk
Apple Pay is a tidy payday for Apple with 0.15% cut, sources say
Cupertino slurps 15 cents from every $100 purchase
Reddit wipes clean leaked celeb nudie pics, tells users to zip it
Now we've had all THAT TRAFFIC, we 'deplore' this theft
Enigmail PGP plugin forgets to encrypt mail sent as blind copies
User now 'waiting for the bad guys come and get me with their water-boards'
YouTube, Amazon and Yahoo! caught in malvertising mess
Cisco says 'Kyle and Stan' attack is spreading through compromised ad networks
TorrentLocker unpicked: Crypto coding shocker defeats extortionists
Lousy XOR opens door into which victims can shove a foot
prev story

Whitepapers

Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.