Skip to comments.IRS claims it can read your e-mail without a warrant (Communism is here!)
Posted on 04/10/2013 2:29:12 PM PDT by tobyhill
The Internal Revenue Service doesn't believe it needs a search warrant to read your e-mail.
Newly disclosed documents prepared by IRS lawyers says that Americans enjoy "generally no privacy" in their e-mail, Facebook chats, Twitter direct messages, and similar online communications -- meaning that they can be perused without obtaining a search warrant signed by a judge.
That places the IRS at odds with a growing sentiment among many judges and legislators who believe that Americans' e-mail messages should be protected from warrantless search and seizure. They say e-mail should be protected by the same Fourth Amendment privacy standards that require search warrants for hard drives in someone's home, or a physical letter in a filing cabinet.
An IRS 2009 Search Warrant Handbook obtained by the American Civil Liberties Union argues that "emails and other transmissions generally lose their reasonable expectation of privacy and thus their Fourth Amendment protection once they have been sent from an individual's computer." The handbook was prepared by the Office of Chief Counsel for the Criminal Tax Division and obtained through the Freedom of Information Act.
(Excerpt) Read more at news.cnet.com ...
Thanks very much for the ping, dearest you, Nachum.
I’ve always conducted my E-mail, as though the IRS were reading it and now I learn I was right all along.
Well, what do you expect from a society that does not uphold the laws? You can’t expect due process any longer. The fools that voted for Obama have ‘fundamentally transformed’ this nation.
A public FB post or tweet is not the same as a private email between two parties.
I would plead the 5th, when asked about content.
I would then point out that they have violated the 4th Ammendment by possessing the information they cite.
Then ask for dismissal.
All my e-mails from here on out will say FU, and FU.
At the bottom of each email I send is this statement:
I’m not too hot on the E-Mail end, but FACEBOOK, sure - if some tax cheat is STUPID ENOUGH to brag about it on Facebook, then let them explain it to the “Men in Black”.
Look. Take a walk thru any IRS office and tell us what you see. They’re fat, useless, tub-o-lards who wouldn’t last two seconds on a battlefield. If you want to submit to a bowl of jell-o, that’s your choice.
Waiting to hear their pathetic argument used for the Second Amendment...”well, the founders never envisioned this kind of technology...”
It's not like a patriotic Chief Justice could look at this and say, "it's permissible because the IRS is doing it, and that makes it a tax" . . . oh, wait, we're stuck with Roberts, and he would say that.
You're right to be concerned. Freedom died on November 4, 2008. All that's left is to determine which of the many potentially fatal wounds inflicted by the far left will prove to be the death blow.
November 2007: Spying on wife's e-mails lands man in prison
Shawn Macleod wanted to know where his estranged wife was going on the Internet and what she was writing in e-mails, investigators said, so he secretly installed a program called SpyRecon on her computer that sent him electronic logs with the sites she had visited and messages she had sent.
His spying resulted in a four-year prison sentence.
Austin police considered Macleod's actions tantamount to illegal wiretapping and charged him with unlawful interception of electronic communication, a second-degree felony that can carry a 20-year sentence. Macleod pleaded guilty in May.
In New York this year, a sheriff's deputy was found guilty of eavesdropping after investigators said he spied on the computer activity of a neighbor he thought posed a threat to young girls in their neighborhood.
The deputy was sentenced to five years of probation.
December 2010: Is Snooping in Your Spouses e-mail a Crime?
Excerpt:The difference with the second case is that the email itself is not stored on the computer, it's at the Google servers. The computer is only the viewing mechanism.
A Michigan man who accessed his wifes e-mail account while she was allegedly carrying on an affair faces up to five years in prison when he goes on trial Feb. 7 on a charge he violated a state law typically used against hackers intent on making money or mayhem.
The question for the judge or jurors who will hear the case isnt whether Clara Walker gave Leon Walker, 33, permission to inspect her Google e-mail; he admits she didnt know what he was up to until her e-mail messages became an issue in their divorce and child custody battle.
But Leon Walker claims that he had every right to poke around in the computer because he was concerned that his wifes lover the second of her two former husbands might be abusive to her around their young children. Walker also contends that he had the right to go on the computer because he bought it, it was in his home, and she left the password lying around.
Please add me to your ping list. Thank you.
Makes sense to me as it is the same government which cannot be constrained by “SHALL NOT BE INFRINGED” so why would anyone expect them to honor the 4th Amendment?
The 1st, 2nd, 4th, 5th Amendments are all under direct and daily attack and once they are gone the 3rd will follow.
Thank YOU onyx!
(I am waiving to the IRS at my ‘puter screen...)
we have a winner
but that protection is only pretty good. heh.
They might be able to read mine, but can they UNDERSTAND them?
I think they are right. The HOA I used to be in got in some trouble because they were writing vicious emails back and forth as part of their Board of Director & Architectural Guideline duties, and had to turn those over to the members of the HOA for review.
Also, if someone forwards an email from you, you have no cause for complaint.
Right which makes no sense at all.
Right now I can totally envision laser guns and pulse rifles and all sorts of crazy crap, and I would want it all protected under those rules.
I’m sure the founders were capable of the same basic level future projectional thought.
I can see someone try to argue that buying the stamp and putting it on the envelope buys you the protection, but that email is free and therefore has no protection. That's a false argument because it is not free. You are still paying a monthly fee to the ISP for the email service, and free emails from Google or Yahoo make up the cost in ad revenue, which would disappear if people felt that their email was not secure.
Clearly in violation of the Fourth Amendment. We are guaranteed the right to be secure in our “persons, papers, and effects.”
Obtain a valid search warrant for the original email.
To obtain the warrent, explain the probable cause for the request.
Do you grasp the danger of allowing any element of government to freely access unsecured Internet communications?
Take an axe to your hard drive, or simply leave an obvious example of someone else potentially fraudulently accessing/spoofing your “ private account”.
Damn those hackers...
I don’t care who you are, that there’s funny.
Yet another reason to replace the income tax with the FairTax and abolish the IRS!
We will never be a FRee people so long as we have an income tax and the IRS!
Check out the FairTax at http://www.fairtax.org.
Do we even have a country anymore?
That....and ...just for fun...send half of your emails in code (they’ll think) only it will be gibberish. It would drive them nuts trying to figure out the code...lol.
You bet Xeena:
And this is where you get it:
PGP ( pretty good privacy) software
Lots of bad things took place in 2009, IIRC some new folks moved into Washington.
I'm surprised that the hammer & sickle flag wasn't raised over the White House that year. It's probably folded up in an Oval Office desk drawer waiting for the right time to raise it and make the changeover official. May as well go ahead and let it fly, everything else is falling into place as planned.
How did we ever let our nation be taken over without even a fight? The people who voted in this revolution deserve everything we are all about to get now that Obummer doesn't have to run again and the GOP's white flag is flying higher than ever, and it ain't gonna be purty.
There is no more “probably cause”
SCOTUS defanged it in 2005. It is now reasonable suspicion.
I always understood that the IRS and other leftist, regulartory agencies were exempt from the Constitution anyhow.
Ain’t over ‘til the fat lady sings, gents!
The good news is that she is strapping on her girdle!
They formed it from a stinking brown pile in their back yard, and thanked the dog.
This is why the Texas Nationalist Movement is working for Texas Independence and I’m with them. The myth that we are one nation has to be dispelled. We are free and independent states subject only to the constitution of the United States (as in nation/states)and that has been trashed, shredded, and destroyed.
The IRS bullies are now acting like you would expect in a dictator-led country. Oh wait..............
Good luck to you. It Texas became an independent nation, I would move there.
Did you ever apply for a job with the police department.First question,”What your password on facebook”And they read your stuff in front of you:)
Well, yes, now that you mention it . . .
Perhaps you will do some homework and come to support the FairTax?
We need all the help we can get!
Right now I’m using most of my time and energy for pro-life and protecting our 2nd Amendment rights, but I do like Fair Tax. Duncan Hunter, and other good people supported it.
Those two issues are certainly important, and thank you for supporting them.
I don’t know what the answer is, but somehow, someway, we have to wrest control of this country away FRom the LIEberals.
A major problem is, we conservatives have to work. We do not have a Soros-type sugar daddy to support our activities like the LIEberals do. Consequently we are unable to organize and massively support conservative street theater.
When the LIEberals go to some city and trash it (and they ALWAYS leave behind mountains of trash!), the lamestream media makes it appear that the whole country is supporting whatever cause the LIEberals are agitating for.
OTOH, the largest conservative gathering in WDC is the annual March for Life, which draws in excess of 250,000 people and garners exactly NO press coverage.
Same thing happened when Beck went to WDC, and when the TEA Party rallies were held. The Lamestream media had to report those events, but they intentionally downplayed the attendance to give the impression that no one cared.
I was at the first TEA Party in WDC, and I can guarantee you that there were more than 2,000,000 TEA Partiers there! But the press “estimated” several hundred thousand.
I have struggled for years trying to come up with a solution to that problem, and have not got a good answer.
Conservatives really do need a conservative billionaire who is willing to spend his fortune on ridding the USA of LIEberals! To the best of my knowledge, no one like that has stepped forward.
“..Conservatives really do need a conservative billionaire ..”
I’m hoping that a Conservative multi-billionaire will buy a tv network for FREE TV. The free TV networks are endoctrinating, not only with their “news,” but their entertainment shows, including sitcoms, Law and Order, you name it.
I can remember a caller telling Rush Limbaugh that Sarah Palin said she could see Russia from her house, but Sarah never said that. The guy got that from a skit on SNL.
You are doing a great job, Taxman, and more than your share.
I call talk shows, writer letters to editors, as well as post, to do my tiny bit to counter LMSM, but a multi-billionaire should would help way more. :)
Really?! But (whine, sniff)... They promised!!!
LIEberals wake up every day and plot and scheme to come up with creative ways to advance their hateful agenda. Soros- like people and tax FRee foundations are paying them to destroy America using Alinsky and Cloward-Piven tactics.
Conservatives wake up every day and go to work to take care of their families and contribute to America by being good citizens. They are not paid to advocate for FReedom and Liberty — they do it on their own time and on their own nickel.
You are right: what we conservatives need is several multi-billionaire conservatives to go “all in” for America, and fund a large conservative army to defeat LIEberalism, once and for all. Somehow, someway, we have to defeat them so decisively that they are driven FRom the field of battle, never to return.
“..Somehow, someway, we have to defeat them so decisively ..”
Mark Levin said he’s working on a plan, and he’s going to come out with it in a few weeks or so. I wonder what it is.