Today Americans communicate billions of times a day through e-mail and text messaging. Today, the most private pieces of information are communicated by using cell phones. Americans often communicate their private information through e-mail and text message. How can we keep these matters private? Do Americans have a right to privacy over their emails and text messages?
David H. Patraeus, the Director Of The Central Intelligence Agency, Couldn’t Keep His Emails Secret
Mr. Patraeus used emails to communicate with his mistress. Unfortunately for Mr. Patraeus, he was caught. Most Americans underestimate how easy it is for third parties to obtain access of their e-mails and text messages. Digital communications can be intercepted. Individuals can hack into your e-mails and text messages and spy on the most important issues involving your life. Today, hacking into the emails and text messages is not that difficult! It happens to Americans all the time. Government agencies have searched and subpoena powers with regard to information maintained on your computer, on your emails, stored on your cloud or maintained in cyberspace. Lawyers in civil litigation can get to virtually all this information through the discovery legal process.
Skeletons In Your Closet
Is there a way to make your e-mails so private that no one will ever find out what is in them? The Fourth Amendment to the United States Constitution deals with search and seizure issues. Police officers and State and Federal investigatory agencies (such as the FBI) need a court order to search your home or where you live. However, the rules concerning searches of emails are not as strong. Under the 1986 Electronic Communications Privacy Act (a Federal statute), Federal agencies do not need a warrant to obtain emails six months old or older. Federal agencies only need to obtain search warrants for emails that are “unopened”.
In 2012, Google reported law enforcement agencies requested data on 16,281 accounts between January and June. Google complied with 90% of these requests!
Encryption Of E-mail Messages
There are encrypting services. GPG is a company that can help you encrypt your e-mails. WICKR, a mobile app, provides a similar service with regard to the encryption of emails. This app can be utilized on smart phones. However, metadata, even for deleted files, remains on the phone’s hard drive. Forensics specialist and hackers can still obtain this information.
Privacy In Emails
The best way to maintain the privacy of your most private thoughts is to never put them in writing.
About The Author
Elliot S. Schlissel is an attorney with more than 45 years of experience who handles criminal defense matters, divorces and father’s rights issues.
