General Discussion
In reply to the discussion: FISA & EPCA the facts & nothing more [View all]Jarla
(156 posts)Link: http://www.aclu.org/files/pdfs/email-content-foia/FBI%20docs/June%202012%20FBI%20DIOG.pdf
18.7.1.3.4.4 (U) COMPELLED DISCLOSURE OF THE CONTENTS OF STORED WIRE OR ELECTRONIC COMMUNICATIONS
(U) Contents in "electronic storage" (e.g., unopened e-maillvoice mail) require a search
warrant. See 18 U.S.c. § 2703(a). A distinction is made between the contents of
communications that are in electronic storage (e.g., unopened e-mail) for less than 180
days and those in "electronic storage" for longer than 180 days, or those that are no
longer in "electronic storage" (e.g., opened e-mail). In enacting the ECPA, Congress
concluded that customers may not retain a "reasonable expectation of privacy" in
information sent to network providers. However, the contents of an e-mail message that
is unopened should Nonetheless be protected by Fourth Amendment standards, similar to
the contents of a regularly mailed letter. On the other hand, if the contents of an unopened
message are kept beyond six months or stored on behalf of the customer after the e-mail
has been received or opened, it should he treated the same as a business record in the
hands of a third party, such as an accountant or attorney. In that case, the government
may subpoena the records from the third party without running afoul of either the Fourth
or Fifth Amendment. If a search warrant is used, it may be served on the provider without
notice to the customer or subscriber