-Rev. Matthew Crowson…Bellingham, WA

Ex parte Jackson – Holds the intent and spirit, but unfortunately doesn’t seem to have complete relevance due to lack of foresight that technology would ever evolve to what it has since said ruling.

Electronic/Digital Media which is NOT email is currently protected – This is true of telephone conversations, voicemail, VoIP, tele-conferencing (presumably, due to illegality of recording audio w/o consent), etc. All of which share the tele- aspect of tele-communications with email and thereby hold the same spirit of law.

“Unreasonable search and seizure” – A reasonable assumption made daily by a SIGNIFICANT portion of the populace is that anything sent via machines (read: no human is expected to manually route/handle the email), which are ONLY accessible by passwords/permissions, is secure and held as private effects. (Which is itself the main reason why this decision has received any press at all.)

None of these, however, jumped out at me more than Judge Mosman’s own words:

I hold that Rule 41(f)(1)(C) does apply to warrants issued under §
2703(a) and is satisfied by providing a receipt to the ISP. However, because no property
was actually taken in this case, Rule 41(f)(1)(C) does not require that a receipt be
provided.

The absolute final determination that he provides for his decision is that no property was taken. Herein lies the major misunderstanding of IP (Intellectual Property); just because it is not so tangible as an orange, IP is not real. Or rather not dealt with like other “real” objects. I would have thought that after the RIAA and others made it so clear that digital copies of “real” property (music in their case) is still IP and therefore still property which must be dealt with alongside and with equal value and right as any other property. Now re-read anything which mentions the Fourth Amendment and “effects”.
Judge Mosman made an assumption that because the email was not halted in transit and was delivered as expected by the sender, there was no property taken. A digital copy of said email would still be property taken according to the DMCA as I understand it. And rest assured that the law enforcement involved was not so stupid as to NOT take a copy for later review! I would not be surprised to hear said copy was used as evidence in court.
Therefore, property was taken and Rule 41(f)(1)(C) is therefore in affect which stipulates that a receipt MUST be provided. In short, the sender should have known that a warrant was issued for the purpose of acquiring (seizing) their intellectual property (email). Good one Judge! I hope to hear that this is fought and gets another look…

–socialSavant

Further, this endangers a great deal of attorney/client communication which, due to the no notice requirement, will simply be turned over along with everything else. I have heard that attorneys are permitted to use email according to ethics rules, and that it does not show a lack of diligence in preserving the privilege. However, if cops can just paw through anything electronic, that is pretty questionable.

I don’t believe the third party doctrine can be reconciled with a meaningful Fourth Amendment, and I believe that applied as it is in this case, it is deeply inconsistent with the meaning and purpose of the right.

So i am not in my home right now typing this? LOL so if none of us are at home doing anything we may as learn hacking since it can never be proven we are at home doing it.

Having federal laws that work within the states jurisdiction, establishes Double Jeopardy, nullifying both.

We’re currently working on encryption for loggingit.com so that only users can read their (private) log messages — and nobody else, not even the operator of this online service (The Buckmaster Institute, Inc).

Stephan

pc:
Not quite true.My mail server is a leased server (which may or may not bring up another interesting 4th amendment question), but all communications between my mail clients from any location are done securely (SSL).The message is not stored on a client or the server in an encrypted form, but the contents to and from my clients and servers are encrypted.iirc, GMail also allows for SSL.

Also, be away that sure your communications between your desktop mail client and your mail server MAY be protected (to some extent) by SSL (SSL2 can be broken) HOWEVER once your mail server receives the message that’s the end of the line for your “protection”. It is simply client > server encyption. Once your server has the message it then needs to send it onto the recipent’s mail server, all over unencrypted networks. The only way to ensure your privacy from point A to B is to encrypt your message with strong encryption.

http://famguardian.org/Subjects/LawAndGovt/Citizenship/USARepublic/usa.htm

The expansive corporate U.S. government and jurisdiction ALSO are not in actual physical three dimensions (except for the District of Columbia, the territories, Guam, Puerto Rico, Northern Mariana Islands, etc. and federal lands only WITHIN the Union states – this is a minuscule actual 3D land mass in reality) and instead reside in the 4th dimension (4D) of IMPLIED existence — just like your e-mails! — extending across the entire land mass of the Union states.

The Citizen of the soil or state Citizen (non U.S. citizen that lives on the physical 3D presence or Union state, that comprise the united States of America) is under state jurisdiction, not federal, and was born in one of the Union states. LEGISLATION PASSED ON CAPITOL HILL IN DC IS ONLY APPLICABLE TO U.S. FEDERAL CITIZENS, not Union state Citizens.

The U.S. citizen is considered a FEDERAL U.S. government citizen, being captured under federal jurisdiction – based on a 4D classification (but remember it doesn’t exist in physical reality, just like the e-mail) and also not protected by much of the Constitution and Bill of Rights (they only cover actual 3D persons and property, not implied), just like your 4D emails are not protected!! They just gave up the secret to the masses.

This federal 4D citizen lives in one of the “State of” federal municipally-controlled States- e.g. the State of California, the State of Oregon, the State of Florida, etc.

Citizens of the soil, or state Citizens, live in the Union states and are state Citizens. They are sovereign and do not have a *4D* persona. Their states are the original Union states with the original names like the Commonwealth of Pennsylvania, Minnesota state, the California Republic and so on.

Both exist now but one is real (3D Union state) and one is implied or created artificially (4D State of…) – government can only suppress you and your freedoms in one of them – guess which one?

Think of original Union states as a piece of bread. The federal government has gone and plastered it with peanut butter and everyone alive now, pretty much, thinks all there is is peanut butter, they don’t know that the PIECE OF BREAD is still there, only waiting for them to declare their status and return themselves back to their true home as free and sovereign peoples of a constitutional republic (not a democracy – democracy is a form of communism with the masses controlling the minority through legislation, thus violating individual liberties, a constitutional republic would have none of that).

These sick bastards have actually created figurative legal duplicates of all of us, that mark YES we are U.S. citizens on all those government forms and live at addresses with *federal* ZIP codes and two-digit State codes like CA, WA, FL and so on (versus the Union state abbreviations which are Ca/Cali., Wa/Wash., Mn/Minn., etc.) that exist in the 4D – not real – and have all these legislative statues and codes limiting the freedoms of their subjects, aka citizens. The movement and ability to live life according to the tenets of the Constitution and Bill of Rights has been stripped from anyone who states they are U.S. citizens.

The good news is, you can all declare your true Citizenship, but this means giving up your government benefits. They get you with the benefits and most people stay because of the benefits, giving up their ability to freely live life and pursue liberty and happiness.

The question is, what’s important to you? A gilded cage where you’re fed and housed or freedom and self-reliance?

as the ‘contents’ of the emails are NOT being exposed since they are encrypted, then he cannot apply such reasoning.

Following his reasoning, there is no expectation of privacy when sending a letter via USPS (since they are 3rd parties and the letter is not in your house). This judge’s argument could be used to listen in on (wired) telephone conversations, since the electrical signal emanates from your house, but goes via a 3rd party over wires OUTSIDE your house. Same for a cellphone, they can’t listen to you ON your cellphone, but they can intercept your phone call at the cellphone tower to which it connects.

Gotta love that the Patriot Act was passed, FISA was passed, government has expanded under both Bush and now Obama, just mention terrorism and all your constitutional rights are null and void (habeaus corpus disappears).

When it comes to the Constitution, one has to follow the INTENT. UNREASONABLE SEARCH AND SEIZURE… a REASONABLE person would NOT expect his/her emails to be public domain nor to be readable/searchable by anyone they do not authorise. The fact that the ISP can read it is not at issue, since we are NOT asking them to read it, but merely to transmit it and store it for us.

The slippery slope is indeed slippery

You say you got a real solution
Well, you know
We’d all love to see the plan
You ask me for a contribution
Well, you know
We’re doing what we can
But when you want money
for people with minds that hate
All I can tell is brother you have to wait
Don’t you know it’s gonna be all right
all right, all right
Ah

ah, ah, ah, ah, ah…

You say you’ll change the constitution
Well, you know
We all want to change your head
You tell me it’s the institution
Well, you know
You better free you mind instead
But if you go carrying pictures of chairman Mao
You ain’t going to make it with anyone anyhow
Don’t you know it’s gonna be all right

Steve: People sending messages through the internet may expect a certain level of privacy, but that is not the case.When you send an email, it is traveling in public space.It is the equivalent of yelling a message across a crowded room without any light.Just because you can’t see the other people in the room, you can’t just assume that no one is listening.During this period, if your email is intercepted there is no invasion of your privacy.If you want privacy, you should be encrypting your message.By encrypting messages you are raising the level of expected privacy.

Now, the UPSIDE of all this is that you can’t encrypt your criminal sugar or greenbacks, but you can encrypt your email. Encryption’s probably the only answer (and make backups) because encrypted data is useless to YOU when it’s sitting in the DA’s office.

And, for what it’s worth, Bernie Madoff did not use e-mail (Fortune).