Judges OK warrantless monitoring of Web use

San Francisco Chronicle ^ | 07 July 2007 | Bob Egelko

[BGHater]

Privacy rules don't apply to Internet messages, court says

Federal agents do not need a search warrant to monitor a suspect's computer use and determine the e-mail addresses and Web pages the suspect is contacting, a federal appeals court ruled Friday.

In a drug case from San Diego County, the Ninth U.S. Circuit Court of Appeals in San Francisco likened computer surveillance to the "pen register" devices that officers use to pinpoint the phone numbers a suspect dials, without listening to the phone calls themselves.

The U.S. Supreme Court upheld the use of pen registers in 1979, saying callers have no right to conceal from the government the numbers they communicate electronically to the phone companies that carry their calls.

Federal law requires court approval for a pen register. But because it is not considered a search, authorities do not need a search warrant, which would require them to show that the surveillance is likely to produce evidence of a crime.

They also do not need a wiretap order, which would require them to show that less intrusive methods of surveillance have failed or would be futile.

In Friday's ruling, the court said computer users should know that they lose privacy protections with e-mail and Web site addresses when they are communicated to the company whose equipment carries the messages.

[Shaun_MD]

Ninth U.S. Circuit Court

Thats all I need to hear.

[Star Traveler]

Well, here’s one good reason to run your own mail server... :-)

[Lokibob]

I read y-day that the 9th circuit had an 82% reversal rate on decisions (I think 18 of 22 decisions were reversed on appeal).

[Shaun_MD]

You’ll rarely find anything more left wing, liberal and downright bizarre than the 9th circuit court.

[zencat]

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, SHALL NOT be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[DBrow]

BBS technology may be old but it is not obsolete, and this ruling shows it has held its value well over the years.

[TomGuy]

Ninth U.S. Circuit Court

The Republicans are going to break that court up when they get a majority in the House and Senate and have a Republican President in the White House.





[Oh, wait. They did. And they didn't. /s]