Emails are not private. A message may have one sender and one recipient but it can, with little effort, be read by a third party. In fact, despite the Fourth Amendment’s protections against unlawful searches, federal agencies do not necessarily need a warrant to read emails older than six months.
Concerns over such government snooping were raised by the American Civil Liberties Union, which last week noted a “troubling picture” of email surveillance practices by the Federal Bureau of Investigation and the Department of Justice. The agencies may be taking advantage of a component of the Electronic Communications Privacy Act, which requires warrants only for emails that have been stored on a third-party server for less than 180 days.
