The World According to Nick
Politics, News, Photography, and Triathlons... What don't I talk about?
Monday, November 05, 2007
<< Believing What You Want to Believe For The Love of God >>
Is Email Protected Communication?

Elliot thinks it's not... and I disagree.  He makes a lot of good points regarding this article, but he makes one major mistake.  He confuses the ability to do something with the authority to do it.  Is email communication secure?  As Elliot points out... unless you use a product like PGP, then the answer is most definitely no.

But just because something isn't encrypted doesn't give the government free reign to demand access to that communication without a warrant.  After all, telephone communications aren't encrypted either.  Anyone with a handset and a couple alligator clips can sit on a telephone pole and listen to your phone calls, but it is well established case law that the government requires a warrant to tap your phone.  If you choose to leave your door unlocked, the police still need a warrant to enter your home and search it.

More importantly, for the majority of time that an email is "exposed", it is on a server, not in transit between locations.  That means that in order to gain access to my email, the government has to go to an ISP, who is acting as a caretaker of my information.  Do I have an expectation of privacy while my email is sitting on a server, when I require a password to gain access to that data?  I believe the average person would say yes, and that this is a reasonable belief.  Even though many Terms of Service Agreements say that the ISP will comply with all lawful requests by the government, most people read that to mean that the ISP will comply with legal warrants.  Sadly, it has turned out that this is not the case, and that many ISP's not only comply with mere "requests" for data, there are some aspects of telecommunications laws that require ISP's to comply with warrantless requests for data.  And even if those laws didn't exist, the mere request for data by the government could often times be construed to have the potential for retribution if that request is refused.

With that said, the only way to guarantee that the government isn't snooping on your data is to use secure encryption technology like PGP.  It used to be that we only had to lock our doors to protect ourselves from criminals.  Now we have to lock our doors to protect ourselves from the government.  I guess that simply illustrates the point that the government really is criminal.

# Posted at 7:29 PM by Nick  |  Comment Feed Link 1 Comment  |  No Trackbacks

 Add to del.icio.us |  Digg this Post | Filed Under: Misc

Tuesday, November 06, 2007 9:04:43 AM (Central Standard Time, UTC-06:00)
Screw the government, Nick. My point is that those communications AREN'T secure. Plus, because of the nature of the net, they can easily transit servers that have no responsibility to you at all. It's not like your ISP and my ISP are the only two servers involved in the transaction.

As a practical matter, email (and every other transaction on the web) is not a private activity. Whether the person who accesses that email is a government agent or a pimply faced 22-year-old system admin, that lack of privacy should be acknowledged and understood.

That said....stick it to the man!
Comments are closed.


© Copyright 2012 Nick Schweitzer
Powered By newtelligence dasBlog 1.9.7067.0
Theme Based on Design By maystar