No Search Warrant Required for DOJ to Check Out Fox News Emails

Sara Cunningham May 29, 2013 0


Security is a must when it comes to e-mail messages and big companies like Fox News are keeping those files under heavy surveillance. Now, someone wants to snoop around and take them to see what is going on behind “closed doors”. Although Fox News said that they will require a search warrant for this, DOJ stated otherwise.

The attorney Eric Holder and his idea of obtaining some emails went around Fox News and its sources, but he needed some kind of super search warrant. This type of a warrant requires:

  • Sealed intercepted communications
  • Done real-time interception as a last resort

There are some other slight requirements and because of that, there aren’t many crimes that can meet these criteria. And because everything in the federal law was written while we were still babies or some of us weren’t even born, Holder has found a way how to reach his goal for obtaining all the required information with a simple search warrant.

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And right after this, a lot of attorneys have voiced their ways how to extend this protection or super search warrant now to the e-mail messages. But as it seems, it’s little bit too late for Fox News. These super search warrants were meant only for real-time conversations which were under surveillance and it’s time to receive their upgrade. And nobody, until now, has thought that every person on the planet is having a smartphone and they can easily check their email whenever and wherever they want. But it’s never too late for a change and this is considered to be an important lesson for the future.

We checked to see if e-mail is mentioned somewhere when these super warrants were created as a part of the Omnibus Crime Control back in the 70’s. We knew that there weren’t any parts of the Title III that included the e-mail messages but we wanted to try anyway. Super search warrants are meant for interceptions of oral or wire communications and it had its slight expansion in 1986. The expansion included some several protections about intercepts of some electronic communications but, guess what – it didn’t include e-mails.

Only officials of the senior department have permission for authorizing super search warrant and the process for obtaining this kind of a warrant is really difficult. In order this warrant to be approved, the official who is seeking it must present to the judge a probable cause for intercepting the communications. Other than this, the investigation for gathering all the proper information is really dangerous.

Jim Harper, a lawyer, has fired at the current law system saying that the police today has a huge access to everything that is confident. If the police wants to gain access to your personal information, they can do that in a blink of an eye and you won’t be notified.

The law is something that we couldn’t change. But someone could and the biggest question is: Will it be changed from those who can do that after this? – Or it will remain the same.

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