You probably consider your emails and direct Twitter and Facebook messages to be private communications-something between you and the receiver. They aren't available for anyone else to read unless you include more names on the "To" line, or the message is retweeted or shared by the recipient.
The federal government might not agree. This week, in conflicting actions, the White House is backing away from the stance that police officers should be able to read emails without a warrant, but at the same time, the Justice Department is proposing that government offices be allowed to put Americans' emails, direct Twitter messages and direct Facebook messages under surveillance.
At stake are two factors, protection of civil rights and the ability for law enforcement to pursue and bring to conviction criminal behavior.
The 1986 privacy law was established before social media existed, and email was a raw concept. The law states that any form of electronic communication cannot be used without a warrant to convict or accuse a person of a crime. However, the law allows law enforcement to access records of calls made to and from specific phones without the need for a warrant, and there is argument that law enforcement should be able to access the same information for emails.
More recently at the federal appeals court level in 2010, the court determined that a search warrant was required before law enforcement could access information stored in the cloud. This also includes email communication.
There have been several cases over the past four months in which emails, tweets and Facebook postings resulted in people being tried for crimes ranging from violence-the Ohio football rape case-to high level political figures having to step down from their positions-retired General David Petraeus from his position as Director of the CIA.
Companies that administer email services like Facebook, Yahoo, Microsoft and Google say they require search warrants before responding to requests by law enforcement for email communication information. These requests happen frequently. In 2010, Google posted via an online tool how many requests it received for consumer data. In the United States, those requests totaled more than 4,000 in the first half of the year.
The question of how private an email, direct Twitter or direct Facebook communication will continue to be is hotly debated. Until then, users of these messaging tools should keep the following tips in mind:
• Don't use email or social media communications to conduct any business that you wouldn't want others to see. You never know when the recipient of your communication might decide to print it out, share it, or forward it to others, making it public.
• When using public computers or Wi-Fi, set up a Virtual Private Network account to give you mobile security and protect against anyone else accessing your information.
• Use generic subject lines in your emails. Something like "rainy weather today" is much less informative to a hacker than "Social Security number needed."
Be careful how you use electronic communications, and always keep in mind that whatever you send or post could be made public for everyone to see and read.
The federal government might not agree. This week, in conflicting actions, the White House is backing away from the stance that police officers should be able to read emails without a warrant, but at the same time, the Justice Department is proposing that government offices be allowed to put Americans' emails, direct Twitter messages and direct Facebook messages under surveillance.
At stake are two factors, protection of civil rights and the ability for law enforcement to pursue and bring to conviction criminal behavior.
The 1986 privacy law was established before social media existed, and email was a raw concept. The law states that any form of electronic communication cannot be used without a warrant to convict or accuse a person of a crime. However, the law allows law enforcement to access records of calls made to and from specific phones without the need for a warrant, and there is argument that law enforcement should be able to access the same information for emails.
More recently at the federal appeals court level in 2010, the court determined that a search warrant was required before law enforcement could access information stored in the cloud. This also includes email communication.
There have been several cases over the past four months in which emails, tweets and Facebook postings resulted in people being tried for crimes ranging from violence-the Ohio football rape case-to high level political figures having to step down from their positions-retired General David Petraeus from his position as Director of the CIA.
Companies that administer email services like Facebook, Yahoo, Microsoft and Google say they require search warrants before responding to requests by law enforcement for email communication information. These requests happen frequently. In 2010, Google posted via an online tool how many requests it received for consumer data. In the United States, those requests totaled more than 4,000 in the first half of the year.
The question of how private an email, direct Twitter or direct Facebook communication will continue to be is hotly debated. Until then, users of these messaging tools should keep the following tips in mind:
• Don't use email or social media communications to conduct any business that you wouldn't want others to see. You never know when the recipient of your communication might decide to print it out, share it, or forward it to others, making it public.
• When using public computers or Wi-Fi, set up a Virtual Private Network account to give you mobile security and protect against anyone else accessing your information.
• Use generic subject lines in your emails. Something like "rainy weather today" is much less informative to a hacker than "Social Security number needed."
Be careful how you use electronic communications, and always keep in mind that whatever you send or post could be made public for everyone to see and read.
