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LovingA2andMI

(7,006 posts)
Sat Jun 8, 2013, 05:58 PM Jun 2013

Are you comfortable with the IRS reading your email without a warrant?

Personally, I hate to say this but this April 10, 2013 article from the ACLU is quite concerning. It lead a bit of creditably to the argument not only Occupy could have been targeted by the IRS BUT, also Tea Party groups.

In light of the NSA scandal, at this point it appears President Obama's Administration has too much power and we as the People need to take our privacy seriously, along with demanding our government follows language to-the-letter of Bill of Rights and 4th Amendment.

"Then came Warshak, decided on December 14, 2010. The key question our FOIA request seeks to answer is whether the IRS’s policy changed after Warshak, which should have put the agency on notice that the Fourth Amendment does in fact protect the contents of emails. The first indication of the IRS’s position, from an email exchange in mid-January 2011, does not bode well. In an email titled “US v. Warshak,” an employee of the IRS Criminal Investigation unit asks two lawyers in the IRS Criminal Tax Division whether Warshak will have any effect on the IRS’s work. A Special Counsel in the Criminal Tax Division replies: “I have not heard anything related to this opinion. We have always taken the position that a warrant is necessary when retrieving e-mails that are less than 180 days old.” But that’s just the ECPA standard. The real question is whether the IRS is obtaining warrants for emails more than 180 days old. Shortly after Warshak, apparently it still was not.

The IRS had an opportunity to officially reconsider its position when it issued edits to the Internal Revenue Manual in March 2011. But its policy stayed the same: the Manual explained that under ECPA, “Investigators can obtain everything in an account except for unopened e-mail or voice mail stored with a provider for 180 days or less using a [relevant-and-material-standard] court order” instead of a warrant. Again, no suggestion that the Fourth Amendment might require more."


Read more here: http://www.aclu.org/blog/technology-and-liberty-national-security/new-documents-suggest-irs-reads-emails-without-warrant
11 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Are you comfortable with the IRS reading your email without a warrant? (Original Post) LovingA2andMI Jun 2013 OP
Personally, I CC them on every email I send. MrSlayer Jun 2013 #1
I know you're joking. right? LovingA2andMI Jun 2013 #2
Oh no, I truly love and cherish the IRS. MrSlayer Jun 2013 #3
They DO! I think that's a brilliant idea! kestrel91316 Jun 2013 #4
Statement of Acting Assistant Attorney General Elana Tyrangiel struggle4progress Jun 2013 #5
When I started using the internet in 1978 SteveG Jun 2013 #6
if you expect privacy, use PGP or maybe stega .nt quadrature Jun 2013 #7
. blkmusclmachine Jun 2013 #8
Totally. nt bemildred Jun 2013 #9
No worries...the IRS can read my email anytime they want to! Sancho Jun 2013 #10
What difference does it make? bluedeathray Jun 2013 #11
 

MrSlayer

(22,143 posts)
3. Oh no, I truly love and cherish the IRS.
Sat Jun 8, 2013, 06:10 PM
Jun 2013

They need and deserve to be in on every piece of correspondence sent by anyone ever.

struggle4progress

(118,356 posts)
5. Statement of Acting Assistant Attorney General Elana Tyrangiel
Sat Jun 8, 2013, 09:21 PM
Jun 2013

Office of Legal Policy

<before the>

Committee on The Judiciary
Subcommittee on Crime, Terrorism, Homeland Security, and Investigations
United States House of Representatives

<regarding>

Electronic Communications Privacy Act (“ECPA”)

<on>

March 19, 2013

... We are pleased to engage with the Subcommittee in discussions about how ECPA is used and how it might be updated and improved ... ECPA was originally enacted in 1986 — a time when the internet was still a nascent technology ... We agree, for example, that there is no principled basis to treat email less than 180 days old differently than email more than 180 days old ... Acknowledging that the so-called “180-day rule” and other distinctions in the SCA no longer make sense is an important first step ...

http://judiciary.house.gov/hearings/113th/03192013_2/Tyrangiel%2003192013.pdf

SteveG

(3,109 posts)
6. When I started using the internet in 1978
Sun Jun 9, 2013, 12:43 AM
Jun 2013

Back then it was Arpanet... but that is when I got my first email account, and it is one that I still have today, one of the first things I was told, is that don't put anything in email that you would not want your mother to read, the IRS to see or for you to see on the front page of the NYT. I am a leftist liberal, I don't care who knows that, I speak my mind. But I am not stupid. If you are stupid enough to post online things that are illegal or threatening, then you are stupid, and you will deserve what you get.

Sancho

(9,070 posts)
10. No worries...the IRS can read my email anytime they want to!
Sun Jun 9, 2013, 06:58 AM
Jun 2013

The internet is as public as standing on a street corner and shouting. What's the issue? If you don't want others to read it, then don't write it!

Sometimes I agree with the ACLU and other times I think the ACLU is simply overboard. It may be true that there needs to be control over the government invading privacy and getting a warrant for some things (like listening in on your phone calls), but honestly, in today's world people should assume that phone calls might be recorded or that cameras are rolling in public places.

Maybe this op is flame bait?

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