Tags: irs | email | reading | warrant

IRS May Be Reading Your Email Without a Warrant

Wednesday, 10 Apr 2013 06:56 PM

By Greg Richter

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink
Internal Revenue Service files obtained by the ACLU show that the government agency tasked with collecting taxes may also be reading your email without getting a judge’s permission.

The documents obtained by the American Civil Liberties Union under the Freedom of Information Act show that the IRS Criminal Tax Division has long held the position that email should not be protected from unusual searches and seizure under the Fourth Amendment.

“So does the IRS always get a warrant?” an ACLU blog post asks. “Unfortunately, while the documents we have obtained do not answer this question point blank, they suggest otherwise.”

Guidelines produced by the IRS indicate that citizens had no right to expect privacy in email communications prior to a 2010 court ruling by the Sixth Circuit Court of Appeals. Even after the ruling in United States v. Warshak that stated the government must obtain a probable cause warrant before it could make email providers turn over their records, the agency didn’t change its guidelines.

When it made edits to the Internal Revenue Manual in March 2011 it didn’t change the policy: “Investigators can obtain everything in an account except for unopened e-mail or voice mail stored with a provider for 180 days or less using a [relevant-and-material-standard] court order.”

The ACLU says that while the 180-day rule is standard procedure, the IRS still seems to cling to the idea that opened emails left on a server more than 180 days can be read without obtaining a warrant.

It is also unclear whether the IRS considers the Warshak ruling applicable to all jurisdictions or just to the Sixth Circuit.



© 2014 Newsmax. All rights reserved.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
You May Also Like

Obama Plan Would Let Young Hondurans Enter US as Refugees

Thursday, 24 Jul 2014 23:24 PM

The Obama administration is considering a two-year, $47 million pilot program that would screen children and young adult . . .

US Army War College to Launch Plagiarism Probe on Senator's Thesis

Thursday, 24 Jul 2014 21:36 PM

The political hole deepens for beleaguered U.S. Sen. John Walsh of Montana, a Democrat who is running for re-election a . . .

Honduran President: US Policy Partly to Blame for Border Crisis

Thursday, 24 Jul 2014 21:10 PM

The president of Honduras lays part of the blame for the border crisis on an unclear immigration policy of the United St . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved