posted on Dec, 1 2012 @ 03:23 AM
reply to post by boncho
The law does state 180 days, but is fraught with loopholes and snares.
Emails are also governed by the Electronic Communications Privacy Act (ECPA) and the Patriot Act. Although the ECPA originally set up protections
(such as a warrant requirement) to protect email, those protections have been weakened in many instances by the Patriot Act. Even where the
protections remain under the ECPA, emails lose their status as a protected communication in 180 days, which means a warrant is no longer necessary and
your emails can be accessed by a simple subpoena.
That's a basic summary - but here's just one indication of the trouble:
Unlike your email at work, emailing from home is more likely to grant you a reasonable expectation of privacy, but even then, it's not very
difficult for prying eyes to gain access to your emails. Because your emails are stored locally, at your ISP, and on the receiving end, there are
multiple points that hackers or law enforcement can gain access to. While it may be difficult for law enforcement to legally gain access to your home
computer and local copies of your emails, it is substantially less difficult for them to get your ISP to turn over your emails.
ISPs are also increasingly creating End User Service Agreements that users must agree to abide by. These agreements reduce any expectation of privacy,
and often include terms that grant the ISP the right to monitor your network traffic or turn over records at the request of a government
This doesn't even address everything
flowing through fusion centers as it all goes on its merry way through Cyberspace - and actually hits our
inbox already replicated, filtered for keywords, and stored by others.
There is a reason why Government still relies heavily upon paper - and even more on human information transfer devices ( Ambassadors ). That reason is
that, in the digital age, nothing is safe online.
Oh, and get used to the terms "Cyberthreat", "Cyberwar", "Cyberterrorism", and "Cybersecurity" - these are just a few of the Newspeak
buzzwords for our consumption. because the new reality is that Cyberspace is considered to be real territory
that is under attack. Therefore
the reality is, we are speaking to one another in a recognized war zone - where military law will trump civilian law each and every time the
Government needs it to.