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Thank you for this. I plan to roll my own email server in the near future, due to legal and privacy concerns. As I understand it, in the US email archives aren
by LyndsySimon 10y ago
Thank you for this.
I plan to roll my own email server in the near future, due to legal and privacy concerns. As I understand it, in the US email archives aren't protected under the Fourth Amendment because they're asking for data from a third party, and the Fourth Amendment only applies to self-incrimination.
- aidenn0 10y agoIANAL, but... 5th amendment is self-incrimination, 4th is unwarranted search and seizure. I don't know the current law, but it used to be that e-mails left on a server for more than 6 months were treated like abandoned property, which has a lower-bar to clear for the 4th amendment. I seem to recall hearing that this was changed a while back though. How the 4th amendment applies to any case is complicated though because it's very much a sliding scale of intrusiveness, with higher levels of intrusiveness requiring more cause for searching.
- quanticle 10y agoAs I understand it, in the US email archives aren't protected under the Fourth Amendment Currently, as I understand they are not. But, there is legislation [1] which proposes extending Fourth Amendment protection to e-mails and communication stored on your behalf on third party servers. I've already written to my Congressperson in support of that bill. [1] https://www.congress.gov/bill/115th-congress/house-bill/387/ https://www.congress.gov/bill/115th-congress/house-bill/387/