Governor Jerry Brown has signed the Electronic Communications Privacy Act, which "bars any state law enforcement agency or other investigative entity from compelling a business to turn over any metadata or digital communications—including emails, texts, documents stored in the cloud—without a warrant. It also requires a warrant to track the location of electronic devices like mobile phones, or to search them."
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For years, Benjamin Mako Hill has paid to host his own mail, as a measure to enhance his privacy and independence from big companies. But a bit of clever analysis of his stored mail reveals that despite this expense and effort, he is a Gmail user, because so many of his correspondents are Gmail users and store copies of his messages with Google. And thanks to an archaic US law, any message left on Gmail for more than six months can be requested by police without a warrant, as it is considered "abandoned."
Mako has posted the script he used to calculate how much of his correspondence ends up in Google's hands.
I host my own mail, too. I'm really looking forward to Mailpile, which should make this process a lot easier, and also make keeping all my mail encrypted simpler. Knowing that Google has a copy of my correspondence is a lot less worrisome if they can't read it (though it's still not an ideal situation).
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Rep Louie Gohmert (R-TX) is an ignoramus, as is demonstrated by his questioning during this hearing on reforms to the Electronic Communications Privacy Act.
Google's latest transparency report reveals that the company has refused to turn over stored email to law enforcement unless a warrant is presented. The ancient Electronic Communications Privacy Act assumes that any file stored on a server for more than six months is abandoned and can be requested without a warrant, and Congress has refused to modernize this law for the age of Gmail and cloud storage (law enforcement agencies love the fact that most of your life can be fetched without having to show cause to a judge).
Google has refused to comply with warrantless requests for its users' stored cloud data, and instead demands that law enforcement officers get a warrant.
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Google demands probable-cause, court-issued warrants to divulge the contents of Gmail and other cloud-stored documents to authorities in the United States — a startling revelation Wednesday that runs counter to federal law that does not always demand warrants.
The development surfaced as Google publicly announced that more than two-thirds of the user data Google forwards to government agencies across the United States is handed over without a probable-cause warrant.
A Google spokesman told Wired that the media giant demands that government agencies — from the locals to the feds — get a probable-cause warrant for content on its e-mail, Google Drive cloud storage and other platforms — despite the Electronic Communications Privacy Act allowing the government to access such customer data without a warrant if it’s stored on Google’s servers for more than 180 days.
“Google requires an ECPA search warrant for contents of Gmail and other services based on the Fourth Amendment to the Constitution, which prevents unreasonable search and seizure,” Chris Gaither, a Google spokesman, said.