The Government Does Not Need A Warrant To Search MySpace and FaceBook Accounts

Have you ever imagined that your email account can be viewed without your permission? What about your phone records? Do you think that the government must obtain a warrant before seeking to search those records? Well, you are wrong. Under the current version of the federal Electronic Communications Privacy Act (ECPA) that is supposed to protect the privacy of our electronic communications and personal information, only a subpoena may be required. The purpose of this law is to protect us from unreasonable governmental or third party intrusions. This regulation deals with a broad range of issues related to storing electronic information regarding internet search history, e-mail, online purchase records, digital information stored online, and even mobile phone GPS data.

However, under the current ECPA standard, a warrant is only required for the first 180 days when an email you have received remains unopened in your mail box. If you open an email, or a 180-day period is over, the government is only required to subpoena those records without seeking a search warrant. In fact, in many cases the government does not need even to resort to subpoenaing your records in order to track down your online whereabouts. For example, there is a search platform developed by a legal service provider Westlaw that is specifically designed to assist government agencies and law enforcement authorities in searching your social networking. It is called “CLEAR.” It allows the government to search your social networking websites, blogs and chat rooms for specific text and photo information that can be related to you without giving you any advance notice, let alone issuing a subpoena or warrant. So next time you log into your Face Book or My Space account be careful what you type in and what images you post online. You must know that this information may be search by law enforcement authorities at any time they suspect you are involved in criminal activity.

Wallin & Klarich has over 40 years of criminal defense experience and knows how to identify and successfully litigate issues related to our clients’ reasonable expectation of privacy. Call (888) 749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. We will be there when you call.