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It means they can not be subpoenaed for a message that you have already received. That is an important distinction, since much of the time, not having received

It means they can not be subpoenaed for a message that you have already received. That is an important distinction, since much of the time, not having received a given communication is a defense against its incriminating effect.

jedberg 7y ago
> It means they can not be subpoenaed for a message that you have already received How so? Even if you delete a message in Gmail they can still be subpoenaed for it. And usually the subpoena is for metadata anyway, like who sent you a message and when. They still have all that data whether you delete the messages or not.
- beagle3 7y ago
  There’s some ruling that any mail left on the server for more than 60 days or so is considered abandoned and is essentially an all-you-can-eat buffet for law enforcement, even if you search/read it every day.
  - occamrazor 7y ago
    Source for that statement? I have never heard anything similar.
    - Pyxl101 7y ago
      https://www.businessinsider.com/when-can-the-government-read-your-email-2013-6 https://www.businessinsider.com/when-can-the-government-read... > In enacting the ECPA, Congress concluded that customers may not retain a "reasonable expectation of privacy" in information sent to network providers. . . [I]f 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 be 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.
      - beagle3 7y ago
        Thanks, I misremembered the 6 months for 60 days. The third party isn't even obligated to let you know that the subpoena happened - Google usually does (unless there's a gag order), but does not promise to AFAIK, and I am not aware of the policies of other providers.

jedberg 7y ago

> It means they can not be subpoenaed for a message that you have already received How so? Even if you delete a message in Gmail they can still be subpoenaed for it. And usually the subpoena is for metadata anyway, like who sent you a message and when. They still have all that data whether you delete the messages or not.

beagle3 7y ago
There’s some ruling that any mail left on the server for more than 60 days or so is considered abandoned and is essentially an all-you-can-eat buffet for law enforcement, even if you search/read it every day.
- occamrazor 7y ago
  Source for that statement? I have never heard anything similar.
  - Pyxl101 7y ago
    https://www.businessinsider.com/when-can-the-government-read-your-email-2013-6 https://www.businessinsider.com/when-can-the-government-read... > In enacting the ECPA, Congress concluded that customers may not retain a "reasonable expectation of privacy" in information sent to network providers. . . [I]f 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 be 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.
    - beagle3 7y ago
      Thanks, I misremembered the 6 months for 60 days. The third party isn't even obligated to let you know that the subpoena happened - Google usually does (unless there's a gag order), but does not promise to AFAIK, and I am not aware of the policies of other providers.