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Author Topic: "subject-header of an email not private" - national-security lawyer  (Read 2538 times)

byron mc

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Ms. Spaulding, the national-security lawyer, said it's "extremely questionable" to assume Americans don't have a reasonable expectation of privacy for data such as the subject-header of an email or a Web address from an Internet search, because those are more like the content of a communication than a phone number. "These are questions that require discussion and debate," she said. "This is one of the problems with doing it all in secret."


the entire article is here as I chose to put it under the National Dragnet thread.

NSA's Domestic Spying Grows
As Agency Sweeps Up Data
Terror Fight Blurs
Line Over Domain;
Tracking Email
http://online.wsj.com/article/SB120511973377523845.html?mod=hps_us_whats_news


the article confirms what some of us know but is kind of shocking as this article really tells it as it is.
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byron mc

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subject-header of an email
« Reply #1 on: March 11, 2008, 08:43:56 am »

Email

a header; containing information about where the packet is being sent, and where it is originating from.
Sender's IP address
Receiver's IP address
Protocol
Packet number

Subject title


This lawyer from the original post goes along the same line of thinking just like the Dep. Directori of National Intelligence said.
Quote
"Privacy no longer can mean anonymity," says Donald Kerr, principal deputy director of national intelligence.


Security consultant Bruce Schneier:
Quote
The debate isn't security versus privacy. It's liberty versus control.

What Our Top Spy Doesn't Get: Security and Privacy Aren't Opposites
01.24.08
http://www.wired.com/politics/security/commentary/securitymatters/2008/01/securitymatters_0124?currentPage=all


So they will basically be doing a giant mail cover. knowing who all the senders and recipients are of electronic emails as the headers are never encrypted.
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byron mc

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Federal Judge Says E-mail Not Protected By 4th Amendment
« Reply #2 on: October 30, 2009, 11:37:46 am »

Quote
"In the case In re United States, Judge Mosman ruled that there is no constitutional requirement of notice to the account holder because the Fourth Amendment does not apply to e-mails under the third-party doctrine.

Thus 'private' information is actually being held by third-party private companies.""

http://volokh.com/2009/10/28/district-judge-concludes-e-mail-not-protected-by-fourth-amendment/
For some reason the volokh link was not working this morning, nor the main website loading...


Federal Judge Says E-mail Not Protected By 4th Amendment
http://yro.slashdot.org/story/09/10/29/2257209/Federal-Judge-Says-E-mail-Not-Protected-By-4th-Amendment


related:
US drafting plan to allow government access to any email or Web search
http://thementalmilitia.com/forums/index.php?topic=16200.0
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