If You Used TorMail, the FBI Has Your Inbox

Re:If You Used TorMail, the FBI Has Your Inbox by john_b on Monday January 27, 2014 @01:53PM (#7132279)

Different courts have reached different conclusions on this matter. It will probably end up in the Supreme Court at one point. Until then, various three letter agencies will treat it as if it is legal and act as if they are immune from consequences of abuse (which they are, presently).

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Re:If You Used TorMail, the FBI Has Your Inbox by res0nat0r on Monday January 27, 2014 @03:13PM (#7132851)

> and act as if they are immune from consequences of abuse (which they are, presently).

As are you and I. You can't be retroactively convicted of a crime if it was not against the law at the time.

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Re:If You Used TorMail, the FBI Has Your Inbox by john_b on Monday January 27, 2014 @04:51PM (#7133530)

There is more subtlety in this case. The NSA has interpreted the law in a specific way which justifies their activities. If the Supreme Court later determines that interpretation is invalid, they most definitely can be convicted of a crime. If the Supreme Court instead determines that their interpretation of the law was valid, but that the law itself was unconstitutional, then ex post facto protection would apply.

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