Slashdot had an interesting link to a post about the IRS and their rather disturbing insistence that reading people’s email doesn’t require a warrant.
It seems the ACLU has requested information via the FOIA because the IRS asserts that it can and will continue to make warrantless requests to ISPs to track down tax evasion.
Apparently the outdated Electronic Communication Protection Act allows federal agencies to request and read any email that is over 180 days old. Even more startling is the IRS assertion that the fourth amendment doesn’t apply to email at all.
In fact as recently as 2009, the IRS has claimed that there is no expectation of privacy for emails, and in 2010, asserted that email stored on a server is fair game.
Is the IRS reading my email or yours? Probably not. But it’s disturbing to know that they can and think it’s within their rights to do it if they want to.
I think it is prudent policy to assume that email is about as private as a conversation in an airport…not to excuse anyone, least of all the IRS. I also assume that they track the IP addresses of persons accessing the IRS website. If you don’t want them to know you are consulting their website, best utilize a machine in a public library or an internet café.
IRS to monitor Facebook, Twitter for tax cheats
I wonder if they have monitored IP addresses here at IBS. I suppose it should only be a problem if someone has actively posted about their desire to commit tax evasion or actively encouraged others not to be compliant. I obviously have gone out of my way to explain how I’ve followed the rules to a T so should be fine. But still am concerned, as Steven Mopsick has suggested, that this site is being watched.
I also am not comfortable expressing strong political views about tax or FATCA on FB or Twitter. I’ve never mentioned my renunciation there either.
I’m going to have to muster up some courage to submit a letter to the Ways and Means committee but realise it’s important that as many of us write in as possible before the deadline.
What more can they take from me?
Oh shit! You mean they might come after me now?
Good thing I am not a FATCAT! ….just sayin….in case anyone gets any ideas. 🙂
@ monalisa
The Ways and Means committee is getting plenty of overseas submissions and in some cases an earful (check out John Hanson’s entry for April 10, 2013). Since your submission could be easily matched to your comments here then my humble advise would be to not make a submission. You have done more than enough to bring attention to the injustice of the US tax regime. Others have been picking up the ball and running with it and it isn’t too awful to just sit this one out and watch them in your case.
From The Hill – similar article http://thehill.com/blogs/hillicon-valley/technology/292989-irs-claims-it-can-read-emails-without-a-warrant
@Em, I think you’re right. I have probably already drawn a lot of attention to myself so think I’m less vulnerable staying anonymous.
Keep in mind that liberties guaranteed to Americans under the Bill of Rights apply only in America. The US government does not recognize privacy rights of persons outside the US. So I understand it anyway.
follow up stories :
IRS Reads Taxpayer Emails Without a Warrant http://www.accountingtoday.com/news/IRS-Reads-Taxpayers-Emails-Without-Warrant-66326-1.html?ET=webcpa:e6948:430732a:&st=email
House lawmaker questions IRS over email search policy
http://thehill.com/blogs/hillicon-valley/technology/293507-house-lawmaker-questions-irs-over-email-search-policy
And Jack Townsend has his comments about the hyperbole… but ends with his dry wit…
I would suspect that, except in narrowly limited cases, the usefulness of access to emails 180 days old or greater may be quite limited and hence that the IRS does not make significant use of this “opportunity.” Nevertheless, now that the can has been opened, a lot of people will see if it is full of worms.