NEW YORK — IRS documents released Wednesday suggest that the tax collection agency believes it can read American citizens’ emails without a warrant.<\/p>\n
The files were released to the American Civil Liberties Union under a Freedom of Information Act request. The organization is working to determine just how broadly federal law enforcement agencies like the FBI or the IRS’ Criminal Tax Division interpret their authority to snoop through inboxes.<\/p>\n
The IRS apparently interprets that authority very broadly, the documents show: as long as you’ve stored your email in a cloud service like Google Mail, and as long as those emails haven’t been deleted after a few months, the agency thinks it doesn’t need a warrant to read them.<\/p>\n
The idea of IRS agents poking through your email account might sound at the very least creepy, and maybe unconstitutional. But the IRS does have a legal leg to stand on: the Electronic Communications Privacy Act of 1986 allows government agencies to in many cases obtain emails older than 180 days without a warrant.<\/p>\n
That’s why an internal 2009 IRS document claimed that “the government may obtain the contents of electronic communication that has been in storage for more than 180 days\u201d without a warrant.<\/p>\n
Another 2009 file, the IRS Criminal Tax Division’s “Search Warrant Handbook,” showed that the division’s general counsel believed “the Fourth Amendment does not protect communications held in electronic storage, such as email messages stored on a server, because internet users do not have a reasonable expectation of privacy.”<\/p>\n