Saw this earlier, Ace has it (of course).
A Senate proposal touted as protecting Americans' e-mail privacy has
been quietly rewritten, giving government agencies more surveillance
power than they possess under current law.
CNET has learned that Patrick Leahy, the influential Democratic
chairman of the Senate Judiciary committee, has dramatically reshaped
his legislation in response to law enforcement concerns. A vote on his
bill, which now authorizes warrantless access to Americans' e-mail, is
scheduled for next week.
Revised bill highlights
✭ Grants warrantless access to Americans' electronic correspondence
to over 22 federal agencies. Only a subpoena is required, not a search
warrant signed by a judge based on probable cause.
✭ Permits state and local law enforcement to warrantlessly access
Americans' correspondence stored on systems not offered "to the public,"
including university networks.
✭ Authorizes any law enforcement agency to access accounts without a
warrant -- or subsequent court review -- if they claim "emergency"
situations exist.
✭ Says providers "shall notify" law enforcement in advance of any
plans to tell their customers that they've been the target of a warrant,
order, or subpoena.
✭ Delays notification of customers whose accounts have been accessed
from 3 days to "10 business days." This notification can be postponed by
up to 360 days.
Don't give me any crap about "Law Enforcement NEEDS This." If they need it, they can prove it, and a judge can issue a warrant.
By the way, this warrantless/subpoenaless SuperSnooper authority will be granted to:
...Federal Reserve, the Federal Trade Commission, the Federal Maritime
Commission, the Postal Regulatory Commission, the National Labor
Relations Board, and the Mine Enforcement Safety and Health Review
Commission
...in addition to every Barney Fife in the country.
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