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EFF, Yahoo Fight Againt Warrantless Email Search

- By - Source : Tom's Guide US

Yahoo is simply trying to protect the privacy of its users.

The Electronic Frontier Foundation said Thursday that it's backing Yahoo in the fight against government attempts to access Yahoo Webmail accounts without a search warrant, and without informing the account owner.

The search engine giant is currently asking the federal court to block the government's attempt to access a particular account because it violates the Fourth Amendment and the Stored Communications Act (SCA).

But the Department of Justice disagrees with Yahoo's assessment, claiming that the account is no longer classified as electronic storage--which is covered under the SCA--because the account has been accessed by the suspect. The DoJ is currently trying to retrieve its contents as part of a case that is currently under seal.

"The government is trying to evade federal privacy law and the Constitution," said EFF Senior Staff Attorney Kevin Bankston. "The Fourth Amendment protects these stored emails, just like it does our private papers. We all have a reasonable expectation of privacy in the contents of our email accounts, and the government should have to make a showing of probable cause to a judge before it rifles through our private communications."

For more information on this case and additional links, head here.

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Marco925 04/16/2010 1:56 AM
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Do You Yahoo? I Yahoo for those who fight for us.

lashton 04/16/2010 1:59 AM
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tayb 04/16/2010 2:18 AM
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If you are okay with warrantless searching of email you are okay with your emails being hacked and displayed publicly.

If you are willing to give up a freedom or liberty to feel more "secure" you deserve neither freedom, liberty, or security. (Paraphrasing a quote, not my words)

Shadow703793 04/16/2010 2:20 AM
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Why would they (the gov't) need to read your Email when they can just "friend" you on facebook and read every thing?
:lol:

Anyways, kudos for EFF and Yahoo on this one.

Thunderfox 04/16/2010 2:28 AM
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If the government is certain that it has a case, it should have no problem getting a search warrant. Of course, that would probably create some sort of legal situation which might be beneficial to the accused in some way, which Big Brother is trying to avoid.

tleavit 04/16/2010 2:30 AM
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Good for Yahoo.

megamanx00 04/16/2010 2:40 AM
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Fight on yahoo, fight on. I'm all for catching the bad guys, but there's a reason we require a warrant. If the DOJ want's that info, then convince a judge they need a warrant for it, end of story.

belardo 04/16/2010 2:42 AM
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The warrant validates the evidence.

Without the warrant, looking at the contents could actually damage whatever evidence is IN the mail box.

Lets see, sir... how do we *KNOW* if a member of the govt. added fake evidence? Is there a record of govt. FBI/whatever of going into the mailbox (home / car / POBox) in a proper order? etc.

Govt needs to follow the law too.

Dirtman73 04/16/2010 3:11 AM
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I'm sure Google feels the same way about this issue...

Hahaha!!! Just kidding!

bison88 04/16/2010 3:51 AM
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Drives me nuts that instead of accepting technology into our life, the government instead tries to use it as a method for undermining our Constitution. They use the Assault Rifle as a example against the Second Amendment claiming way back when that sort of technology wasn't available much less invented. Like the government/military isn't always 10x ahead of civilians in weaponry and already wire tapping us ala Einstein 3, Carnivore, and Echelon systems.

JD13 04/16/2010 4:12 AM
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I hope Yahoo wins... otherwise it's one step closer to having the government classifying everyone as criminals. Does "1984" ring a bell?

eaving 04/16/2010 4:41 AM
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They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
-Benjamin Franklin

Maxor127 04/16/2010 4:42 AM
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Well... if they want their cases thrown out in court, go right ahead and illegally search emails without a warrant.

rodney_ws 04/16/2010 5:35 AM
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No. More. Government. Intrusion.

Gin Fushicho 04/16/2010 11:41 AM
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Go YAHOO! =D Friggen government, people access they're own E-mail all the time, that does not make it any less electronic.

shanky887614 04/16/2010 12:07 PM
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why would they want to read my emails?
ive got about 200 with people asking mw what i had for dinner lol
but surely this is ilegal because they are not allowed to search your house to find info without warrent so why are they allowed this
sorry but this is bullshit

rhino13 04/16/2010 2:14 PM
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Isn't this why Google left China?

elel 04/16/2010 2:24 PM
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rhino13 :
Isn't this why Google left China?


Kind of. Google wasn't aware or active. The government wants Yahoo to be.
This might be a reason to set one of my browsers to Yahoo for awhile.

gm0n3y 04/16/2010 5:34 PM
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If anything the government needs LESS power, not more. Bloody police.

agawtrip 04/16/2010 7:06 PM
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9/11 attack is an inside job. it is necessary to pass the the anti-terror bill - invasion of privacy and removal of individual rights.

this is it.

dextermat 04/16/2010 10:32 PM
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R u sure?
That's what they say....
as if the Chinese government wasn't hacking US computers....