Re:IRS claims it can read your e-mail without a warrant
by magic_haze on Wednesday April 10, 2013 @11:12PM
(#5529760)
To play the devil's advocate, do you expect any privacy with postcards? It is also addressed directly to another person by means of a unique identifier... why is email any different? IMAPS et al. is just for the connection between you and your email provider, everything after that is plaintext (till the recipient's email provider gets it.)
Now, the interesting question is: is IRS entitled to access emails if both the sender and receiver are using the same provider and it doesn't leave their servers? (I'm guessing the situation is similar to delivering a note by hand through a single third party... again, I wouldn't expect any privacy there.)
Re:IRS claims it can read your e-mail without a warrant
by unclebucknasty on Thursday April 11, 2013 @12:21AM
(#5529963)
I don't believe your analogy holds. Reasonable people understand that other humans will necessarily see the exposed-in plain-sight content of a postcard in the process of delivering postal mail.
However, reasonable people know that no humans are required in the process of delivering e-mail, and further, the average person doesn't necessarily believe that other people will read an email even if they know it is technically possible.
No. No. No.
The test is one of reasonableness. Is it reasonable to assume that an individual--who addresses a message directly to another individual by means of that individual's unique identifier--intends that only that individual will view the e-mail? Of course it is.
The suggestion that people should understand the vulnerabilities in the underlying technology is a red herring.
Perhaps this is why the Sixth Circuit concluded that e-mail is private.