Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

IRS claims it can read your e-mail without a warrant (Communism is here!)
cnet ^ | 4/10/2013 | by Declan McCullagh

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 ...


TOPICS: Crime/Corruption; Extended News; Front Page News; News/Current Events
KEYWORDS: 1984; 4thamendment; bigbrother; communism; email; govtabuse; irs; irsemail; irsfb; irssurveillance; nazistate; policestate; privacy; tyranny; waronliberty
Navigation: use the links below to view more comments.
first previous 1-5051-100101 next last
To: Nachum

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.


51 posted on 04/10/2013 3:49:27 PM PDT by onyx
[ Post Reply | Private Reply | To 23 | View Replies]

To: tobyhill

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.


52 posted on 04/10/2013 3:51:28 PM PDT by griswold3
[ Post Reply | Private Reply | To 1 | View Replies]

To: tobyhill

A public FB post or tweet is not the same as a private email between two parties.


53 posted on 04/10/2013 3:54:49 PM PDT by matt04
[ Post Reply | Private Reply | To 1 | View Replies]

To: tobyhill

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.


54 posted on 04/10/2013 4:01:27 PM PDT by G Larry (Darkness Hates the Light)
[ Post Reply | Private Reply | To 48 | View Replies]

To: tobyhill

All my e-mails from here on out will say FU, and FU.


55 posted on 04/10/2013 4:01:41 PM PDT by dforest (I have now entered the Twilight Zone.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tobyhill
Read my tag.

At the bottom of each email I send is this statement:

This pisses me off to no end. There's nothing in my emails worth scanning, it's the principle of it. We have certain unalienable rights and we are getting pounded by a bunch of Marxist bullies.
56 posted on 04/10/2013 4:02:50 PM PDT by upchuck (To the faceless, jack-booted government bureaucrat who just scanned this post: SCREW YOU!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: matt04
“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.”
57 posted on 04/10/2013 4:07:55 PM PDT by tobyhill
[ Post Reply | Private Reply | To 53 | View Replies]

To: tobyhill
http://hushmail.com/
58 posted on 04/10/2013 4:11:54 PM PDT by E. Pluribus Unum ("Somebody has to be courageous enough to stand up to the bullies." --Dr. Ben Carson)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tobyhill

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”.


59 posted on 04/10/2013 4:22:17 PM PDT by BobL (Look up "CSCOPE" if you want to see something really scary)
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

Thank you.


60 posted on 04/10/2013 4:25:24 PM PDT by madison10
[ Post Reply | Private Reply | To 58 | View Replies]

To: tobyhill

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.


61 posted on 04/10/2013 4:26:25 PM PDT by sergeantdave (No, I don't have links for everything I post)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pollster1

Waiting to hear their pathetic argument used for the Second Amendment...”well, the founders never envisioned this kind of technology...”


62 posted on 04/10/2013 4:33:58 PM PDT by jughandle
[ Post Reply | Private Reply | To 21 | View Replies]

To: tobyhill
I’m sorry but I don’t trust the courts to protect my Constitutional Rights.

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.

63 posted on 04/10/2013 4:49:24 PM PDT by Pollster1 (A war can only be just if it is fought with a reasonable chance of success.)
[ Post Reply | Private Reply | To 48 | View Replies]

To: GeronL
"Time for someone to devise an encrypted mail service. "

Pretty good privacy

64 posted on 04/10/2013 4:54:56 PM PDT by MV=PY (The Magic Question: Who's paying for it)
[ Post Reply | Private Reply | To 9 | View Replies]

To: tobyhill
It's only legal when Obama's IRS does it.

November 2007: Spying on wife's e-mails lands man in prison

Excerpt:
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.

[snip]

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.

[snip]

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 Spouse’s e-mail a Crime?

Excerpt:
A Michigan man who accessed his wife’s 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 isn’t whether Clara Walker gave Leon Walker, 33, permission to inspect her Google e-mail; he admits she didn’t 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 wife’s 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.


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.

-PJ

65 posted on 04/10/2013 5:03:00 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Nachum

Please add me to your ping list. Thank you.


66 posted on 04/10/2013 5:39:58 PM PDT by LADY J (You never know how strong you are until being strong is the only choice you have. - Author Unknown)
[ Post Reply | Private Reply | To 23 | View Replies]

To: tobyhill

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.


67 posted on 04/10/2013 5:44:42 PM PDT by Wurlitzer (Nothing says "ignorance" like Islam!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: onyx

Thank YOU onyx!

(I am waiving to the IRS at my ‘puter screen...)


68 posted on 04/10/2013 6:08:22 PM PDT by Nachum (The Obama "List" at www.nachumlist.com)
[ Post Reply | Private Reply | To 51 | View Replies]

To: Nachum

LOLOLOL.


69 posted on 04/10/2013 6:09:22 PM PDT by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
[ Post Reply | Private Reply | To 68 | View Replies]

To: nascarnation

we have a winner


70 posted on 04/10/2013 6:38:01 PM PDT by Individual Rights in NJ (I don't even know what to say anymore...)
[ Post Reply | Private Reply | To 6 | View Replies]

To: LibWhacker

but that protection is only pretty good. heh.


71 posted on 04/10/2013 6:38:50 PM PDT by Individual Rights in NJ (I don't even know what to say anymore...)
[ Post Reply | Private Reply | To 12 | View Replies]

To: GeronL

They might be able to read mine, but can they UNDERSTAND them?


72 posted on 04/10/2013 6:42:01 PM PDT by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: tobyhill

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.


73 posted on 04/10/2013 6:45:49 PM PDT by Mr Rogers (Liberals are like locusts...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: jughandle

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.


74 posted on 04/10/2013 6:48:46 PM PDT by Individual Rights in NJ (I don't even know what to say anymore...)
[ Post Reply | Private Reply | To 62 | View Replies]

To: Mr Rogers
I agree with you on forwarded email. Just as with physical mail, the IRS cannot intercept it in transit - you have the expectation of privacy. But once the recipient receives it, they can do whatever they want with it

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.

-PJ

75 posted on 04/10/2013 7:00:56 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 73 | View Replies]

To: tobyhill

Clearly in violation of the Fourth Amendment. We are guaranteed the right to be secure in our “persons, papers, and effects.”


76 posted on 04/10/2013 7:06:15 PM PDT by TBP (Obama lies, Granny dies.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mr Rogers
OTOH...
I frequently forward emails, with and without attachments, and routinely edit in and out, material from the email chain.
So no forwarded emails can be legally considered proof of anything on anyone.
How would you know for certain, based on an email chain?

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...

77 posted on 04/10/2013 7:14:21 PM PDT by sarasmom (The obvious takes longer to discover for the obtuse.)
[ Post Reply | Private Reply | To 73 | View Replies]

To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks tobyhill.


78 posted on 04/10/2013 7:28:54 PM PDT by SunkenCiv (Romney would have been worse, if you're a dumb ass.)
[ Post Reply | Private Reply | View Replies]

To: GeronL

LOL!!!

Oh Jeeze!!!

I don’t care who you are, that there’s funny.


79 posted on 04/10/2013 7:47:40 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
[ Post Reply | Private Reply | To 9 | View Replies]

To: tobyhill; Principled; EternalVigilance; phil_will1; kevkrom; Bigun; PeteB570; FBD; Voter#537; ...

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.


80 posted on 04/10/2013 9:30:10 PM PDT by Taxman (So that the beautiful pressure does not diminish!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tobyhill

Do we even have a country anymore?


81 posted on 04/10/2013 10:04:04 PM PDT by Freedom_Is_Not_Free (Free goodies for all -- Freedom for none.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Taxman

82 posted on 04/10/2013 10:07:38 PM PDT by EternalVigilance (Life. Liberty. Property. Family. Sovereignty. Security. Borders. The Constitutional Oath.)
[ Post Reply | Private Reply | To 80 | View Replies]

To: Candor7

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.


83 posted on 04/10/2013 10:15:35 PM PDT by XenaLee (The only good commie is a dead commie.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: XenaLee

You bet Xeena:

And this is where you get it:
PGP ( pretty good privacy) software

http://www.symantec.com/endpoint-encryption/renewals-upgrades-licensing?fid=encryption


84 posted on 04/11/2013 1:40:21 AM PDT by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
[ Post Reply | Private Reply | To 83 | View Replies]

To: tobyhill
Obviously in 2009 when they formed this opinion.

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.

85 posted on 04/11/2013 6:08:06 AM PDT by epow (I'm not waiting for the undertaker, I'm looking for the Upper Taker)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Pollster1

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.


86 posted on 04/11/2013 6:34:25 AM PDT by Chickensoup (200 million unarmed " people killed in the 20th century by Leftist Totalitarian Fascists)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Chickensoup

probable cause


87 posted on 04/11/2013 6:51:01 AM PDT by Chickensoup (200 million unarmed " people killed in the 20th century by Leftist Totalitarian Fascists)
[ Post Reply | Private Reply | To 86 | View Replies]

To: EternalVigilance; epow

Ain’t over ‘til the fat lady sings, gents!

The good news is that she is strapping on her girdle!


88 posted on 04/11/2013 8:15:57 AM PDT by Taxman (So that the beautiful pressure does not diminish!)
[ Post Reply | Private Reply | To 82 | View Replies]

To: tobyhill

They formed it from a stinking brown pile in their back yard, and thanked the dog.


89 posted on 04/11/2013 10:15:51 AM PDT by TheOldLady
[ Post Reply | Private Reply | To 17 | View Replies]

To: Freedom_Is_Not_Free

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.


90 posted on 04/11/2013 3:08:34 PM PDT by austingirl
[ Post Reply | Private Reply | To 81 | View Replies]

To: Taxman

The IRS bullies are now acting like you would expect in a dictator-led country. Oh wait..............


91 posted on 04/11/2013 8:02:00 PM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
[ Post Reply | Private Reply | To 80 | View Replies]

To: austingirl

Good luck to you. It Texas became an independent nation, I would move there.


92 posted on 04/11/2013 8:14:08 PM PDT by Freedom_Is_Not_Free (Free goodies for all -- Freedom for none.)
[ Post Reply | Private Reply | To 90 | View Replies]

To: tobyhill

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:)


93 posted on 04/11/2013 8:16:54 PM PDT by fatima (Free Hugs Today :))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sun

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!


94 posted on 04/11/2013 8:52:50 PM PDT by Taxman (So that the beautiful pressure does not diminish!)
[ Post Reply | Private Reply | To 91 | View Replies]

To: Taxman

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.


95 posted on 04/11/2013 9:52:37 PM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
[ Post Reply | Private Reply | To 94 | View Replies]

To: Sun

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.


96 posted on 04/12/2013 6:31:41 AM PDT by Taxman (So that the beautiful pressure does not diminish!)
[ Post Reply | Private Reply | To 95 | View Replies]

To: Taxman

“..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. :)


97 posted on 04/12/2013 1:00:55 PM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
[ Post Reply | Private Reply | To 96 | View Replies]

To: KC_Lion

Really?! But (whine, sniff)... They promised!!!

LOL


98 posted on 04/12/2013 1:19:33 PM PDT by RikaStrom ("To learn who rules over you, simply find out who you are not allowed to criticize." ~Voltaire)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Sun

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.

Eagles up!


99 posted on 04/13/2013 7:38:06 AM PDT by Taxman (So that the beautiful pressure does not diminish!)
[ Post Reply | Private Reply | To 97 | View Replies]

To: Taxman

“..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.


100 posted on 04/13/2013 9:34:57 PM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
[ Post Reply | Private Reply | To 99 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-5051-100101 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson