Tag Archives | warrantless wiretaps

Texas Becomes First State Requiring A Warrant For Email Spying

email spyingI never thought I’d say this, but, has Texas set an example that should be followed on the federal level? Ars Technica reports:

Texas Gov. Rick Perry has signed a bill giving Texans more privacy over their inboxes than anywhere else in the United States.

On Friday, Perry signed HB 2268, effective immediately. The law shields residents of the Lone Star State from snooping by state and local law enforcement without a warrant. The bill’s e-mail amendment was written by Jonathan Stickland, a 29-year-old Republican who represents an area between Dallas and Ft. Worth.

Under the much-maligned 1986-era Electronic Communications Privacy Act (ECPA), federal law enforcement agencies are only required to get a warrant to access recent e-mails before they are opened by the recipient. As we’ve noted many times before, there are no such provisions in federal law once the e-mail has been opened or if it has sat in an inbox, unopened, for 180 days.

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Senate Reauthorizes Warrantless Wiretaps

Picture: Jim Chute (CC)

For your own good, dontchaknow:

Via Raw Story:

The U.S. Senate passed a bill on Friday that reauthorizes and extends the FISA Amendments Act of 2008, a law that was originally meant to retroactively grant legal immunity to the Bush administration and telecoms, along with temporary authorization to wiretap non-Americans inside the United States without first having to acquire a warrant.

The law was set to expire at midnight on Friday, but the Senate’s vote means it will almost certainly be extended through December 2017.

Before passing the extension by a vote of 73-23, lawmakers blocked amendments by Sens. Patrick Leahy (D-VT), Ron Wyden (D-OR), Jeff Merkley (R-OR) and Rand Paul (R-KY) that would have narrowed the window of reauthorization, added more oversight to the program and required annual reports to Congress on the privacy impacts of the program.

The extension continues warrantless wiretapping powers that apply even in the event that one person participating in the communication is an American citizen, despite the Fourth Amendment’s requirement for court oversight.

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