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Friday, April 12, 2013 - A-List on Americanism by Rich Valdes
WASHINGTON, April 12, 2013 — The Internal Revenue Service (IRS)has released statements indicating that it can read taxpayer emailswithout a search warrant or court order, if they are more than six monthsold, by simply having an IRS agent authorize an administrative subpoena.
What’s more, the New York Daily News reports that The American CivilLiberties Union has filed papers asking if the IRS is using this loophole toalso scan social media, which can easily be found publicly on the web. Infact, emails that are less than 180 days old can be viewed without asearch warrant as well, if they have been opened and are still in yourinbox, according to this regulation.
The loophole comes from The Electronic Communications Privacy Act , afederal regulation instituted in 1986, before email was commonly used forpersonal communication as it is today. However, on June 18, 2007 theSixth Circuit US Court of Appeals found portions of the Act to beunconstitutional. It specifically struck down those portions that allowgovernment investigators to access personal emails without a searchwarrant because it violates our reasonable expectation of privacy underthe Fourth Amendment of the US Constitution. So under the court’s
Captain Kirk and the IRS: The IRS can read youremail
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decision, if the government wants to use a court order or subpoena withanything less than probable cause, they must first notify the individual toobtain their consent for those email records.
What’s even more concerning is that all of this is happening and ourleaders aren’t even aware of it. During an April 11 White House pressbriefing, reporters asked President Obama’s Press Secretary, Jay Carney,about the IRS snooping on taxpayer text messages and emails.Carney remarked , “I’m not aware of the story, uh, or the documentsconcerned …” He then deflected the question by passing the buck backto the IRS for answers to these questions.
Rest assured that while the White House was not aware of what’s goingon at the IRS regarding “email-gate,” Captain James T. Kirk, himself, waswell aware of another IRS abuse we’ll call “video-gate.” Actor WilliamShatner, the iconic captain of the Starship Enterprise tweeted on March23 regarding a separate IRS issue: “So I watched that IRS video. I amappalled at the utter waste of US tax dollars.” Shatner was referring to asix-minute training video produced by the IRS at a cost of $60,000.00where IRS workers claimed: “to boldly go where no government employeehas gone before.”
Interestingly, Shatner’s tweet to his 1.5 million followers gained animmediate response from the IRS, apologizing in a statement : “TheIRS recognizes and takes seriously our obligation to be good stewardsof government and taxpayer dollars,” the agency said in a statement.“There is no mistaking that this video did not reflect the best stewardshipof resources.” So the IRS responds to tweets from A-listers but seems tothrow caution to the wind when it comes to our constitutional rights toprivacy.
So how far is too far, and should the government violate our privacy without a search warrant issueddue to probable cause in a criminal investigation? How does the idea of the IRS’ interpretation of thislegal loophole affect your email inbox?
About the Author: Rich Valdes is a former official in New Jersey Governor Chris Christie’sAdministration and marketing professional who has managed projects for government agencies,educational institutions, and entertainment clients; producing high-profile special events for variouscharities and celebrities. As a frequent contributor to TV, radio, and print media outlets. Rich’scommentary on social issues and popular culture have been featured on Hot 97 FM, CNN HeadlineNews, Telemundo, Univision, HHR and The Washington Times. When not debating, politics,education, and culture, Rich is a single dad, school board member, and Young Benefactor at VH1 SaveThe Music Foundation. Rich attended New York University and is pusuing a Master’s degree atLincoln University of Pennsylvania. Rich is raising his two young daughters and caring for his elderlyfather in the New York City suburb of Bergen County, New Jersey.
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Tim Kern • 2 years ago
I don't think the IRS is reading my emails, at least. If they did, they'd know I'm lookingfor a high-capacity American-made guillotine for just these occasions. Fortunately for most of the government, they've already killed off enough Americanmanufacturing that such devices are available only from overseas, and I don't think aChinese guillotine would last long enough to do the job.
Sarcastic letter, perhaps, to follow. △ ▽
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