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story category You Need a Warrant To Snoop My E-mail
Appeals court extends privacy protections to e-mail
(old news - 08:50AM Tuesday Jun 19 2007)
tags: legal · privacy · consumers
Tipped by Gwailo See Profile
A federal appeals court has ruled that federal investigators overstepped constitutional bounds by searching stored e-mails without a warrant, notes Wired News (via Techdirt). The ruling extends the same privacy protections that cover telephone conversations to e-mail.

"E-mail is an ever-increasing mode of private communication, and protecting shared communications through this medium is as important to Fourth Amendment principles today as protecting telephone conversations has been in past," says the court.

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jgkolt
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amen

amen

Doctor Dan
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Don't worry...

I'm sure the King of America and his Bushbots will figure out some way to skirt this ruling.

- Dan
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sd70mac666

join:2003-06-05
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edit:
June 19th, @09:04AM

Re: Don't worry...

DOn't you mean the King of All He Surveys?
Government has shown a complete disregard for laws, and the Courts are starting to catch onto it and have put a stop to it.

The Constitution is there for a reason. Bush cannot circumvent or attempt to circumvent it. That's what he's been doing all along. When he came out with wirtetapping ORDINARY citizens, when I heard that bit on Lazlow, he says he has authority vested in him by the US COnstitution. I then said, where in the hell does it say that? Finally a judge put an end it it, and the Democrats also put an end to it.

TK Junk Mail
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Re: Don't worry...

said by sd70mac666 See Profile :

Bush cannot circumvent or attempt to circumvent it. That's what he's been doing all along. Finally a judge put an end it it, and the Democrats also put an end to it.
This was based on a federal law passed over 20 yrs ago(long before Bush). And the ruling will be appealed to the Supreme Court.
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pnh102
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Re: Don't worry...

said by TK Junk Mail See Profile :

This was based on a federal law passed over 20 yrs ago(long before Bush).
Come on, everyone knows Jorge Bush was really running things since 1984.

I made sure to say 1984 with a loud, ominous voice just for added effect.
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said by TK Junk Mail See Profile :

said by sd70mac666 See Profile :

Bush cannot circumvent or attempt to circumvent it. That's what he's been doing all along. Finally a judge put an end it it, and the Democrats also put an end to it.
This was based on a federal law passed over 20 yrs ago(long before Bush). And the ruling will be appealed to the Supreme Court.
long before bush, yes. but Bush and friends continue to pretend to be above the law (even the constitution) with their illegal actions. that's what the courts are trying to stop now--finally, those darn "activist judges" rightly say the emperor has no clothes.
jsouth
Jsouth

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Re: Don't worry...

So in other words you and others just post in these forums to bash Bush regardless of whether or not it actually pertains to him.
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GoodyearMark
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edit:
June 19th, @01:21PM

Re: Don't worry...

said by jsouth See Profile :

So in other words you and others just post in these forums to bash Bush regardless of whether or not it actually pertains to him.
Oh everything that's messed up in this country right now is Shrub's fault in some way or another. His enormous stupidity has far reaching effects.
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quibbly
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Re: Don't worry

Lets not forget Clinton and Carter
jarthur31

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Re: Don't worry

It's funny how some useless tools on this forum blame only one party for illegal and immoral activities! It's been happening for a very long time and both major parties have been involved. Some like to keep their eyes closed to the facts.

Having said that, the two party system has failed miserable and it's time to dump it altogether. The corporations run things now and nobody seems to care.

Lincoln was dead wrong when he said "of the people, for the people, by the people."
Timmn

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Re: Don't worry

said by jarthur31 See Profile :

Lincoln was dead wrong when he said "of the people, for the people, by the people."
No, he was right at the time he said it, it's wrong now.

pkarlos_76

join:2004-08-24
Edmonton, AB

Re: Don't worry

Amen!

pkarlos_76

join:2004-08-24
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said by jarthur31 See Profile :

Having said that, the two party system has failed miserable and it's time to dump it altogether. The corporations run things now and nobody seems to care.

Amen to this only

nixen
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said by jarthur31 See Profile :

Lincoln was dead wrong when he said "of the people, for the people, by the people."
Yeah, well... Lincoln is one of the big reasons why we're in the mess we're in now. The forcible re-unionization of the Confederate states was just the first domino in the concentration and abuse of federal power into and by the central government. But, hey, he "freed the slaves" so that makes it all alright.
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said by TK Junk Mail See Profile :

said by sd70mac666 See Profile :

Bush cannot circumvent or attempt to circumvent it. That's what he's been doing all along. Finally a judge put an end it it, and the Democrats also put an end to it.
This was based on a federal law passed over 20 yrs ago(long before Bush). And the ruling will be appealed to the Supreme Court.
Who, if they any kind of sense about reading the Constitution, will uphold the ruling that a warrant is needed to read emails.

It surprises me, TK Junk Mail See Profile, that someone like you who calls your self a conservative has such a loose interpretation of the Constitution. I though you guys were all about the strict interpretation of the document, not legislating from the bench. Allow the government full access to emails without a warrant basically amounts to that.
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TK Junk Mail
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Re: Don't worry...

said by bmn See Profile :

I though you guys were all about the strict interpretation of the document, not legislating from the bench. Allow the government full access to emails without a warrant basically amounts to that.
I'll wait until the Supreme Court decides on the constitutionality of this particular law. I don't presume to be a constitutional law expert and will wait until the appeals process runs its course.
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Re: Don't worry...

said by TK Junk Mail See Profile :

said by bmn See Profile :

I though you guys were all about the strict interpretation of the document, not legislating from the bench. Allow the government full access to emails without a warrant basically amounts to that.
I'll wait until the Supreme Court decides on the constitutionality of this particular law. I don't presume to be a constitutional law expert and will wait until the appeals process runs its course.
The 4th Amendment reads pretty straight forward to me... No Constitutional law expert required to tell me that the government has no right to be roaming my email, voicemail, etc. without a warrant regardless of whether we are at war or not.
--
Prove it...

impeachbush

@sbcglobal.net

Re: Don't worry...

yea he can't crap on the 4th amendment, personally I am suprised he hasn't been impeached yet!

Personally I think he should!

He's done nothing for this country to help. Hell if I had a choice of two evils I would rather have clinton right now.
james1

join:2001-02-26
antarctica

Re: Don't worry...

yeah, because getting a blowjob from a fat intern is so very evil.

hpguru
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edit:
June 22nd, @08:35PM

said by TK Junk Mail See Profile :

I don't presume to be a constitutional law expert...
Oh come on! You presume to be every other kind of expert.
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leXicon5
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said by sd70mac666 See Profile :

DOn't you mean the King of All He Surveys?
Government has shown a complete disregard for laws, and the Courts are starting to catch onto it and have put a stop to it.
ROFLMMFAO Yeah riiiiiiggghhhttt.....thats the funniest thing I've read.
Have they? REALLY? Pull your head out. EVERY WEEK since J.Edgar Hoover was appointed head of the FBI there has been a "Stop it" ruling in some court somewhere in America. And you people who think it's started with Bush are as ignorant as a newborn babe.
Dems? Please....led by Pelosi...another laughing stock. They've stopped NOTHING.
It will continue with or without a court ruling. A court never makes a broad-based ruling....they rule on THAT instance. Then another instance occurs....and they rule on THAT one.
If they actually had any teeth at all, they'd threaten to put people in jail if they do it again. Dont put the perps in jail, put their supervisors in jail....THEN you'd see a change. Instead, their supers just get another set of lackeys.

The government does as it pleases...when it pleases and no judge anywhere can actually stop them.
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said by Doctor Dan See Profile :

I'm sure the King of America and his Bushbots will figure out some way to skirt this ruling.

- Dan
Yep. All they have to do is add you to the list of possible terrorists, therefore stripping you of all your rights, and thus allowing them to issue warrantless searches.
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bi0tech

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'Skirting' the ruling would be an improvement. The current SOP seems to be holding his fingers in his ears while repeating 'I'm the Prez!'

GoodyearMark
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said by Doctor Dan See Profile :

I'm sure the King of America and his Bushbots will figure out some way to skirt this ruling.

- Dan
If I was a member of that pack of fools I'd just wave my political scepter and say "national security" or "patriot act" to get into said email. Gotta keep the corporate machine running, that's all that matters.
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footballdude

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not for long

I'm gonna go out on a limb and say that this will be overturned. One of the big considerations in whether authorities can snoop on something is if the parties involved had an expectation of privacy. There is no privacy in e-mail. Unless it is encrypted, an email is wide open to every server it flows through on it's journey. Without an expectation of privacy, the fourth amendment doesn't apply.
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sd70mac666

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Re: not for long

so does that mean I can go out and shoot someone and argue in court that the cops and the prosecutor's office are violating my second amendment right?

The 4th Amendment does apply apparently to e-mail. It's the times dude
footballdude

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Re: not for long

said by sd70mac666 See Profile :

so does that mean I can go out and shoot someone and argue in court that the cops and the prosecutor's office are violating my second amendment right?
The second amendment gives you the right to keep and bear arms. It doesn't give you the right to shoot anyone.
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MemphisPCGuy
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said by footballdude See Profile :

There is no privacy in e-mail. Unless it is encrypted, an email is wide open to every server it flows through on it's journey. Without an expectation of privacy, the fourth amendment doesn't apply.
So are telephones... if you are an operator or work in the business, listening in on a telephone conversation takes just the flick of a switch. 22 years ago I had a summer job as a telephone information operator (Air Force Brat Overseas) and I could listen in to phone calls quite easily with just a slight press of a switch.

If you survey John Q. Public I assure you they expect privacy in their emails, especially considering to read an email you need a secret "password".
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DaveO

join:2001-09-05
Easley, SC
footballdude, that's like saying we don't have an expectation of privacy with the letters we mail because many postal workers handle it on its journey.
footballdude

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Imperial, MO

Re: not for long

said by DaveO See Profile :

footballdude, that's like saying we don't have an expectation of privacy with the letters we mail because many postal workers handle it on its journey.
You have no expectation of privacy if you send a postcard, for that very reason. Sealed letters are a different matter.
--
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N3OGH
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said by footballdude See Profile :

I'm gonna go out on a limb and say that this will be overturned. One of the big considerations in whether authorities can snoop on something is if the parties involved had an expectation of privacy. There is no privacy in e-mail. Unless it is encrypted, an email is wide open to every server it flows through on it's journey. Without an expectation of privacy, the fourth amendment doesn't apply.
Ahh, but I think there's a certain flaw in your reasoning. See, it's all in the perception. The average person who uses e-mail is often led to believe it is secure. If you lose your password, it can be e-mailed to you. When you register for a new account someplace like BBR, they e-mail you your activation.

The average e-mail user isn't aware of how "out in the open" e-mail really is. Remember, it's all about the EXPECTATION of privacy, not the reality of it.

I think most non tech oriented people would expect their e-mail to be secure.

For most people, I think that expectation does exist, and I think most non tech people (like judges!) will see it that way.
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Re: not for long

If I remember correct, they made it illegal to eavesdrop on cordless telephones back in the 80s I believe. So this will be interesting. Unencrypted radio waves made illegal to capture? Was this the case? Was this based on assumed privacy or what. Anyone know?

I am thrilled the courts are stepping up on this. It isn't that damn hard to have a staff of judges on call to get a warrant. The police in the real world can usually make a phone call and get one. What? We have no judges who can get National security clearance? Please
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Lil Jon
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said by N3OGH See Profile :

said by footballdude See Profile :

I'm gonna go out on a limb and say that this will be overturned. One of the big considerations in whether authorities can snoop on something is if the parties involved had an expectation of privacy. There is no privacy in e-mail. Unless it is encrypted, an email is wide open to every server it flows through on it's journey. Without an expectation of privacy, the fourth amendment doesn't apply.
Ahh, but I think there's a certain flaw in your reasoning. See, it's all in the perception. The average person who uses e-mail is often led to believe it is secure. If you lose your password, it can be e-mailed to you. When you register for a new account someplace like BBR, they e-mail you your activation.

The average e-mail user isn't aware of how "out in the open" e-mail really is. Remember, it's all about the EXPECTATION of privacy, not the reality of it.

I think most non tech oriented people would expect their e-mail to be secure.

For most people, I think that expectation does exist, and I think most non tech people (like judges!) will see it that way.
Well said, I was going to say something similar.

TK Junk Mail
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edit:
June 19th, @09:26AM

20 yr old law and it will be appealed

This has been settled law for over 20 years, and there is no doubt that the government will appeal this ruling.

Under the 1986 federal Stored Communications Act (SCA), the government has regularly obtained e-mail from third parties without getting warrants and without letting targets of an investigation know (ergo, no opportunity to contest).
Here is the link to the relevant section of law addressed by the court:
»www.law.cornell.edu/uscode/html/···00-.html
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See 32 replies to this post

Cabal
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edit:
June 19th, @09:21AM

Asinine

There is no more expectation of privacy in a plaintext email than there is in an open-face postcard. If you want privacy, take steps to encrypt it, not unlike putting a letter in a sealed envelope (as it pertains to the law, not ease of circumvention). This will be overturned, and with good reason.
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Re: Asinine

said by Cabal See Profile :

There is no more expectation of privacy in a plaintext email than there is in an open-face postcard.
Then why does my email "box" have a STRONG PASSWORD?
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microserf

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I'm fairly certain that I could make a convincing argument for viewing email headers and SMTP as a sealed envelope...and POP3 as a locked mailbox. Try not to confuse technical details, no matter how good the analogy, with legal standing.

Michieru
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One would think they would be targeting encrypted emails because someone does not anyone but the receiver to read it.

With that in mind, what is the point of reading cleartext emails when those that affect our nation and our security will always contain some form of encryption. Or are we already thinking to lightly of our enemy?
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Yes! A win for privacy and Freedom

Damn good news.... these days all you ever see is how privacy and individual rights get rolled back here, bypassed there, and removed everywhere.

It's nice to see a win on the positive side, for once.

And note this won't hurt law enforcement in any way, they still will be able to search emails of suspects, as long as they follow the rules and do it legally.
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Re: Yes! A win for privacy and Freedom

Just a temporary hiatus to the shredding of our Constitution. Soon to be rectified, you can be sure
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republiCON

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Re: Yes! A win for privacy and Freedom

Just a minor setback for king Jorge Bush. Now to declare that the citizens of US have emails of mass destruction

laserjobs
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Slowly getting our rights back

Great to hear!!! No illegal search and seizure

PlanNine
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Gardner, MA

Money talks.....

Interesting ruling, I'll be watching this one to see how it ends up.

Sadly, our government is so corrupt from top to bottom that even the few good people that are in there trying to make a difference can't, beause lobbbyists with more money than you or I make in a year pay to make sure the big companies get what they want. I expect that if this gets overturned, the RIAA and MPAA will be behind it with their wallets wide open.

Remember the old saying, "Money talks...."

If our founding fathers even had a hint of how things would be today, I think they would have made some changes to the Constitution and Bill of Rights.

MrMoody
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Re: Money talks.....

Sad but true. It's funny, our government used to be pro consumer and anti trust as recently as the 80s and early 90s, but not any more. The only protected individuals now are the stockholders, to keep confidence in the stock market from eroding. Look at Enron, those guys were punished for deceiving their stockholders, not ripping off their monopoly customers.

WileEC
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The problem here

The problem with all of you bush hating, self appointed civil rights advocates is this...

You're all wrong.

What you fail to realize is that some of what was written into the constitution and bill of rights cannot not apply as broadly anymore. You can argue the point all you want, but with the technology of today coupled with the threats we face, much of what you consider "rights" are too risky for us, as a nation, to allow to exist anymore willy nilly. Its that simple. For all of you self appointed experts, you need to realize that those documents we base our government and way of life on were written by MEN of a different time, and those documents they are not perfect or holy or infallible. Some of you seem to think they are. That is nuts.

Here is what's wrong with your counter argument...

Today we have these things called nuclear weapons, which may consist of a dirty bomb or a thermonuclear device. We also have chemical weapons, biological weapons and what has become common material based truck bombs and some very effective explosives that can be concealed in almost anything.

Even more important than the destructive means is the fact that there is an ideology guiding millions of people throughout the world that want nothing less than kill, punish or enslave anyone who does not follow their thinking... and they are willing to do ANYTHING, including killing millions of people down to detonating themselves, to accomplish that goal. The world seems not ready to face this disease of an ideology in a comprehensive and coherent manner.

Take this scenario for example.

Middle eastern men enter the USA with a student visas. These are educated men, some are very educated in nuclear science and engineering. Over the course of years they acquire the material necessary to construct what is commonly called a "dirty bomb" through smuggling and other illegal means. They plant that device in lower Manhattan in New York City, the financial capital of the free world. They manage to do so without raising any suspicion or red flags by being very careful and secretive. What if they built more than one of these devices? And they set them up in say, three major cities in the USA... maybe Atlanta or LA or how about Chicago? So one summer morning, they have everything in place and detonate the devices. What exactly do you think would be the results of that? Aside from the destruction and the fact that millions of people would be irradiated and the fact that millions of people would lose their place to live and work for hundreds of years.... how disruptive do you think that would be? Do you think your life will be the same after that? Do you think the government may suspend some of your perceived rights after that?

What if that scenario could have been avoided if the proper agencies had access to email and voice communications looking for certain patterns, words or even just the monitoring of the source and destination of certain communications? Do you really think that your perceived rights supersede the rights of millions of Americans to be protected and live safely from threats of that nature? Do you really think so? What if you were one of the millions irradiated? Or what if you lose your job because the economy collapses afterwards? What about your high and mighty rights then?

You people, you self-righteous people that think that scenario couldn't happen are wrong. If I had laid out verbatim the 9/11 plans before you a year prior to that, you would have said the same thing. The modern world is a dangerous place and we must allow our government officials to protect us and do what's necessary to ensure yours and my survival and not just that, but help us all to thrive.

I find it most irritating constantly having to see the same stupid, uneducated arguments about how Bush is evil and how he must be put in his place or resign, etc. Bush may be the only reason you are still alive today. Its so much easier to destroy the man than to see what he has accomplished and most of you damn well can't see the big picture. But maybe you will, someday when a suicide bomber blows himself up at your local shopping mall and kills your wife or maybe the city you work in now glows in the dark.

I'll bet your attitude changes then.

See 12 replies to this post

Doctor Dan
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Now this is rich...

Speaking of email messages...

From »www.cnn.com/2007/POLITICS/06/18/···.emails/ :

WASHINGTON (CNN) -- E-mail records are missing for 51 of the 88 White House aides with Republican Party accounts, the House Oversight and Government Reform Committee reported Monday. The White House says the accounts were set up to keep political work separate from official business, but investigators concluded White House officials used the accounts to conduct official business in a way that circumvented the Watergate-era Presidential Records Act.

The 37 accounts the Republican National Committee did save include nearly 675,000 individual messages -- more than 140,000 of them from Karl Rove, President Bush's top political adviser.

"Whether intentionally or inadvertently, it appears that the RNC has destroyed a large volume of the e-mails of White House officials who used RNC e-mail accounts," the report states. The committee found 88 officials who held GOP e-mail accounts; the White House had acknowledged 50.

In a deposition given to committee aides, former Rove deputy Susan Ralston listed a series of White House officials who used party accounts daily. But the RNC "has not retained a single e-mail to or from any of these officials," the report states. Ralston testified that Ken Mehlman, former director of political affairs, used his account daily, but the RNC has no e-mail records for him. Additionally, "there are major gaps in the e-mail records of the 37 White House officials for whom the RNC did preserve e-mails," the report states.

The committee, led by California Democrat Henry Waxman, began looking into the GOP e-mail accounts after messages from the accounts turned up in two cases -- the case of imprisoned lobbyist Jack Abramoff and the 2006 firings of eight U.S. attorneys by the Justice Department.

The committee found that although then-White House counsel Alberto Gonzales ordered presidential staff to preserve official e-mails from outside accounts, he failed to enforce that policy. Ralston told investigators that Gonzales, now attorney general, knew Rove was using his party e-mail account for official business, "but took no action to preserve Mr. Rove's official communications," the report states.

[more]
So much for transparency in Government...

- Dan
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FiL
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Re: Now this is rich...

Yep. Read the Bush Administration has been using RNC and Bush/Cheney '04 Campaign email servers for years now... emailing sensitive information to senators and Republican allies. Transparency my ass; their now deleting hundreds of thousands of emails to cover up the firing of those lawyers.

BUT, they wanna snoop around in our emails whenever they so chose...heh.
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Lake Zurich, IL
·ViaTalk

Re: Now this is rich...

You're giving them way too much credit -- do you think these idiot politicians can actually master the "Send As" button in Outlook?

Never attribute to malice that which can be explained by incompetence.

ftthz
If love can kill hate can also save

join:2005-10-17

NSA ...

good if they follow the rules :P if not than what's the point

RangerTX
Premium
join:2006-05-17
Los Angeles, CA

Patriot act > federal appeals court

I am suure government will just say it's related to national security and they do not need a warrant
--
i am not a lawyer but I do play one on tv
expert007

join:2006-01-10
Buffalo, NY

Email Password Protection

The poster who brought up the issue of email passwords raises a good point. If my email account(s) are password protected, to me thats a very good assumption of privacy. Very much unlike a postcard, very much like a sealed letter.

manfmmd
Premium
join:2003-01-14
Earth
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