Government wonders: What’s in your old emails?

r99U5.AuSt.91By Lindsay Wise
McClatchy Washington Bureau – February 11, 2015

WASHINGTON — If you’ve been remiss in cleaning out your email in-box, here’s some incentive: The federal government can read any emails that are more than six months old without a warrant.

Little known to most Americans, ambiguous language in a communications law passed in 1986 extends Fourth Amendment protections against unreasonable search and seizure only to electronic communications sent or received fewer than 180 days ago.

The language, known as the “180-day rule,” allows government officials to treat any emails, text messages or documents stored on remote servers – popularly known as the cloud – as “abandoned” and therefore accessible using administrative subpoena power, a tactic that critics say circumvents due process.

As you rush to purge your Gmail and Dropbox accounts, however, be forewarned that even deleted files still could be fair game as long as copies exist on a third-party server somewhere.

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