Thursday, April 11, 2013

IRS Violating Fourth Amendment – Accessing Private Emails without a Warrant.



Besides spying on trolling your posts, profiles and images on Facebook and tweets, it should comes as no surprise to Americans to learn that the Internal Revenue Service is also reading our emails without a search warrant due to an outdated piece of legislation entitled, the Electronic Communications Privacy Act of 1986’ (ECPA).
All of the above is a violation of our Fourth Amendment.
“…Last year, the ACLU sent a FOIA request to the IRS seeking records regarding whether it gets a warrant before reading people’s email, text messages and other private electronic communications. The IRS has now responded by sending us 247 pages of records describing the policies and practices of its criminal investigative arm when seeking the contents of emails and other electronic communications.
So does the IRS always get a warrant? Unfortunately, while the documents we have obtained do not answer this question point blank, they suggest otherwise. …
The IRS and Email: Reading Between the Lines
The federal law that governs law enforcement access to emails, the Electronic Communications Privacy Act (ECPA), is hopelessly outdated. It draws a distinction between email that is stored on an email provider’s server for 180 days or less, and email that is older or has been opened. The former requires a warrant; the latter does not. Luckily, the Fourth Amendment still protects against unreasonable searches by the government. Accordingly, in 2010 the Sixth Circuit Court of Appeals decided in United States v. Warshak that the government must obtain a probable cause warrant before compelling email providers to turn over messages….
… The documents the ACLU obtained make clear that, before Warshak, it was the policy of the IRS to read people’s email without getting a warrant. Not only that, but the IRS believed that the Fourth Amendment did not apply to email at all. A 2009 ‘Search Warrant Handbook‘ from the IRS Criminal Tax Division’s Office of Chief Counsel baldly asserts that ‘the Fourth Amendment does not protect communications held in electronic storage, such as email messages stored on a server, because internet users do not have a reasonable expectation of privacy in such communications.’ Again in 2010, a presentation by the IRS Office of Chief Counsel asserts that the ‘4th Amendment Does Not Protect Emails Stored on Server’ and there is ‘No Privacy Expectation’ in those emails….”


Barack Obama’s gift to America was to give government agencies unlimited power over the people.   Therefore, the hiring by Obama of 16,000 IRS agents under the guise of policing Obamacare yet another assault on the liberties of Americans.
HOW MUCH MORE AMERICA?
The American people display a show of force on Tuesday, November 4, 2014 by eradicating the House of Congress and the U. S. Senate of Communists and their sympathizers.  Waiting until 2016 is not an option.
To view documents that the IRS submitted to the ACLU in response to their FOIA requests, click on the link below:
Food for thought:


and
Finally, please check out the article that was referencing the image directly above entitled, “Big Brother is Watching.”  It will send chills down your spine.

All posts cross-posted on PUMABydesign001's Blog