The 4th Amendment+Techno– Privacy cases+Warrants;Common sense

From JD supra….scroll down to see common sense for regular people………

http://www.jdsupra.com/legalnews/warrantless-searches-of-electronic-commu-25593/?utm_source=LU_Emails

Recent news about federal executive agencies obtaining information on private citizens without warrants has many Americans concerned about an erosion of civil liberties. Both the Internal Revenue Service (IRS) and the National Security Administration (NSA) have been accused of collecting information about Americans without obtaining warrants. In response, last month, the IRS issued a policy statement clarifying that it would no longer read taxpayer emails without first obtaining warrants. An open question, however, is whether the NSA will take similar steps to protect Americans’ privacy rights in light of recent leaks about its practices.

The IRS issued Policy Statement 4-120 on May 3, 2013, asserting that the agency will follow the holding in U.S. v. Warshak, 631 F.3d 266 (6th Cir. 2010) and obtain a search warrant in all cases when seeking stored email content from an internet service provider (ISP).

In Warshak, Steven Warshak challenged his convictions stemming from an elaborate scheme to defraud customers. He argued that the government’s warrantless ex parte seizure of approximately 27,000 personal emails was a violation of the Fourth Amendment’s prohibition on unreasonable searches and seizures. The court held that Warshak had a reasonable expectation of privacy in his emails through his ISP. Therefore, when government agents compelled the ISP to turn over emails without first obtaining a warrant, the agents violated Warshak’s Fourth Amendment rights.  This is the rule in the Sixth Circuit, but the law is developing.

Warshak may also indicate that there is a reasonable expectation of privacy in phone communication data through one’s phone service provider. The recent publication of the  secret  U.S. Foreign Intelligence Surveillance Court order requiring Verizon to supply the NSA “all ‘telephony metadata’ created by Verizon”  regarding local calls and calls between the U.S. and abroad has set off an impassioned discussion about the constitutionality of such practices. The NSA surveillance frames the issue slightly differently than the IRS’ grab of emails: Do individuals have reasonable expectations of privacy in their phone metadata records? As the court stated in Warshak, “the Fourth Amendment must keep pace with the inexorable march of technological progress, or its guarantees will wither and perish.” 631 F.3d at 285 (citations omitted).


Topics:  EmailFourth AmendmentIRSNSARight to PrivacyWarrantless SearchesWarrants

Published In: Civil Rights UpdatesCommunications & Media Law UpdatesConstitutional Law UpdatesPrivacy Updates

——————————————————————————————————————————————–    http://www.jdsupra.com/legalnews/googles-motion-to-publish-aggregate-inf-64518/?utm_source=LU_Emails    re Google and allegation of Google in giving out false information

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Common Sense aka What Are We Lacking These Days?

The above data was seen on the link listed above. We have nothing to do with it, but it was good info, so just passing it forward.

————————————————-  Below is our common sense info, NOT anything from the above cited law firm………..

This information could be very important when the government wants to take your animals, seize your computer, and take your phones, and any electronics you own. Based on exigent circumstances, this could happen.  If HSUS is involved, it likely WOULD happen. IF any animal is seized or you are cited CALL attorney immediately that is versed in criminal defense. Do not call personal injury or other type of attorney unless you personally know an animal attorney who knows criminal defense.

To deter AC (animal control) in the first place— be careful with your conduct. A sign which says 24hr surveillance or video of same with cameras is usually a good tactic. They HATE to be filmed.  Always make sure to close gates, never let cable dude in without securing animals first.  Never hire anyone you do not know to take care of animals.  Make sure your cameras work properly.  In general, be familiar with the penal code in your state which covers animal seizures.  In CA it is PC 597 et seq and covers abuse [which is what most citations are based on] but there are other codes like food/ag, health/safety, business/professions,etc.  In fact for CA we are thinking of having a class on the subject, let us know if anyone thinks it’s a good idea. Yes, we would charge for it but we would make it worth it and it should be a business expense.

Make sure your computer is tested and has no malware or key stroke loggers. Use free voice numbers where your number is actually forwarded, do not use your phone number linked to residence. For example, google voice. It is free and likely worth $99 per month.  Do not have mail go directly to any residence, a private mail box is much more secure and requires a court order to gain any data.  Runs about $15 to $25 per month in CA and well worth it. Put all of your mail there. Due to the services online which keep track of addresses, numbers, birthdates, etc. there is very little privacy left these days.  Buy more than several phones that can be thrown out, then if you want to change numbers, it’s no big deal.  If you use a landline, do not give out the number.

Public sites online should be used with great caution. Even if you do nothing wrong, there is usually someone who is a troublemaker just waiting in the wings in many cases. Avoid Facebook and too many social network sites if you really care about your reputation, we do not need Facebook. Do NOT tell the public about your personal problems, your family problems or your kid’s problems. You are asking for trouble. Try to encourage your kids to do something else besides use Facebook.  We all survived BEFORE Facebook. Attorneys are very aware that it is quite easy to find information on people online because many people can’t keep their mouth shut about anything. We have even seen attorneys bragging about themselves and making admissions online. Not a good habit. And a judge that went online and clicked “like” on Facebook page of someone got in trouble for it. Steer clear of all of it.

Consider using a trade exchange (often called barter) because it is legal and not questioned by IRS. It works like cash only it does not utilize cash. You will meet other business people who are bona fide because it is not questioned, since it is all legal. More animals get sold or traded and without using cash in general. Get vet services on trade since everything is tracked. Of course you should be honest when selling an animal on trade to uphold your reputation.  In larger cities trade groups have tons of things (vacation, resorts, cars, real estate, hard goods, services such as dentist, chiro, lawyers,accountants,vets,contractors,and much more) so it’s not difficult.

NEVER assume that your privacy is secure. Due to the way society and TV have taken turns for the worse, and everyone believes that everything is everyone else’s business, warrants and searches seem to be almost unnecessary– do not fall for that line of bull. The Constitution is still there. Do not believe anything HSUS says. They are truly one of the best liars out there, just tell everyone you know not to donate a penny to them. HSUS encourages people to rat out other people for money. Ratting out people should be reserved for those that have serious issues with the business.  Your business is not in that category. *wink*   The end.

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