By
Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 3:36pm
Today the ACLU filed a batch of Freedom of Information Act (FOIA) requests to learn more about the government's practice of reading people's email, text messages and other private electronic communications without a warrant.
It has been clear since the 1870s that the government needs a warrant to read snail mail, and there is no good reason for email to be treated differently. Unfortunately, the government continues to take advantage of an outdated law to read Americans' private electronic communications without a warrant. Under the law, the government does need a warrant to access the content of electronic communications that are 180 days old or less, but doesn't need one for older emails. In an era when everyone stores their email forever, this rule makes no sense and puts a great deal of personal information at risk.