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Jarla

(156 posts)
35. From the FBI's Domestic Investigations and Operations Guide
Wed Jun 19, 2013, 09:37 PM
Jun 2013

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

FISA & EPCA the facts & nothing more [View all] giftedgirl77 Jun 2013 OP
Thank Gawd they never break laws RobertEarl Jun 2013 #1
I am talking about experience giftedgirl77 Jun 2013 #3
experience is welcome, could you comment on greenwalds detailed take on FISA? Monkie Jun 2013 #5
When I get home tonight giftedgirl77 Jun 2013 #18
ok sorry, i got a little angry at you Monkie Jun 2013 #21
I didn't realize you were attacking me, giftedgirl77 Jun 2013 #22
Response to Greenwalds Piece giftedgirl77 Jun 2013 #30
I think that emails older than 180 days only require a subpoena Jarla Jun 2013 #31
Nope, certain things apply to US Persons & Non US Persons everyone within the US is considered a US giftedgirl77 Jun 2013 #32
From the FBI's Domestic Investigations and Operations Guide Jarla Jun 2013 #35
as the other poster has shown, claiming something is misinformation does not make it so Monkie Jun 2013 #36
so the reality is you are appealing to authority and preaching blind trust Monkie Jun 2013 #37
I didn't preach to blind trust, nor is anything I said opinon based giftedgirl77 Jun 2013 #41
im sorry, you did exactly that, blind trust, and you now offer no argument Monkie Jun 2013 #42
Whatever giftedgirl77 Jun 2013 #43
i see you have nothing factual to say about my arguments Monkie Jun 2013 #44
I said back it up giftedgirl77 Jun 2013 #45
i did not realise i had to back up commonly accepted facts but sure. Monkie Jun 2013 #46
a good example of ambiguity in the law, is the word Fair use Monkie Jun 2013 #47
You are attempting to try & muddy giftedgirl77 Jun 2013 #48
you still address none of my points, the fact is there is no case law for FISA Monkie Jun 2013 #49
Bullshit giftedgirl77 Jun 2013 #50
i put up, miss anonymous expert, and all you did was cry and cry "the law the law" Monkie Jun 2013 #51
This message was self-deleted by its author Monkie Jun 2013 #52
Um, does anyone break a law and then tell you about it? randome Jun 2013 #4
Is there a real question from you? RobertEarl Jun 2013 #7
You said "Thank Gawd they never break laws". randome Jun 2013 #8
Easy RobertEarl Jun 2013 #9
So no government secrets ever? randome Jun 2013 #10
OK, I answered your question. Here's one for you. RobertEarl Jun 2013 #13
Private contractors, no. randome Jun 2013 #14
Secrecy RobertEarl Jun 2013 #15
So facts just kick your ass don't they? giftedgirl77 Jun 2013 #17
so why wont you answer the real question, the lawyers questions?straw men and "facts" Monkie Jun 2013 #20
This message was self-deleted by its author giftedgirl77 Jun 2013 #23
again, if i had seen you had also responded to me after attacking the other person Monkie Jun 2013 #24
It's ok, we can feel foolish together giftedgirl77 Jun 2013 #25
Awww RobertEarl Jun 2013 #26
Nooo giftedgirl77 Jun 2013 #28
it is funny that someone that approves this data retention deletes their post Monkie Jun 2013 #38
Seriously, It was because I had called you a dick giftedgirl77 Jun 2013 #40
"you went on about your ass, kangaroos and laser beams." datasuspect Jun 2013 #29
People don't get prosecuted for fucking torture Fumesucker Jun 2013 #2
Yeah, where were all of you complainers back in 1979? I didn't see you make a PEEP back then! MNBrewer Jun 2013 #6
Where were they in 2012? 2011? At what point did this drop off the radar? randome Jun 2013 #11
I know, so it' can't POSSIBLY be an issue NOW!!! MNBrewer Jun 2013 #12
Thanks giftedgirl. We need more info and less hype around here. From the posts i've read you okaawhatever Jun 2013 #16
Completely agree. n/t FSogol Jun 2013 #19
Thank you giftedgirl77 Jun 2013 #33
Actual information on DU? How quaint. MineralMan Jun 2013 #27
The Gov Facts, often turn out to be LIES usGovOwesUs3Trillion Jun 2013 #34
Thanks for posting some facts. HappyMe Jun 2013 #39
i call debunked, anonymous "expert" vs the top ACLU lawyer, and 2 constitutional lawyers Monkie Jun 2013 #53
Debate is fine but you don't seem willing to engage in it. randome Jun 2013 #54
i'm sorry, i really tried debate, but there was none to be had, sadly Monkie Jun 2013 #55
Wasted time railsback Jun 2013 #56
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