United States Federal Bureau of Investigation (FBI) was able to freely access e-mail, Facebook, or Twitter owned by "Uncle Sam" without need a search warrant.
It was stated in the guide belong to the agency revealed recently, as reported by ZDNet.
Although done without a warrant, according to the FBI, accessing e-mail does not violate the Fourth Amendment of the U.S. Constitution protects citizens from "unreasonable searches and examinations".
The same view applies to prosecutors and investigators from the U.S. Justice Department who did not need to be given a court order to access sensitive data and personal property of citizens.
In this case, a summons (subpoena) of federal prosecutors is enough to "access the entire tape of the internet service provider (ISP)".
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Typically, a search warrant signed by a judge is required in order for a company willing to give up all user data, while the summons will only give access to the "data communication" such as who the other person, when a conversation occurred, and of the location or the computer where it is done by IP addresses.
The report surfaced just weeks after the request for the FBI spying unexpected passing hacker spyware rejected by the court. The FBI was criticized by the judge for not explain why other methods could not be used as effectively.
Tech companies have their own stance in addressing it. Google, for example, requires a search warrant before it would open "e-mail content" and other personal data belongs to the user.
Together with Microsoft, Google published a "transparency report" which also tells you how many users request access to personal data submitted by governmental authorities around the world, including the United States.
Other companies, such as Twitter, known keen to maintain its personal data, even when requested through a subpoena or search warrant.
Author: Oik Yusuf
Editor: Reza Wahyudi
Sources: http://tekno.kompas.com, Monday, May 20 2013,15.07 pm
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