Or should the DOJ limit this Personal notion of Personal Privacy to only Well Named Persons????
The scary part of the technical discussion is:
Under the Stored Communication Act (SCA), it is illegal to access without permission a wire or electronic communication while it is in electronic storage. A 2003 case, Theofel v. Farey-Jones, ruled that electronic storage refers to e-mails that have been read, as well as those that are unopened.Not that I really think that there is any legal basis for requiring that the DOJ hold that any of it's legal opinions are legal, unless of course, there is a specific Biblical Citation that is supported by TRUE White Christian Americans, and not those Apostate Papists and Unbeliever Friends.
The DOJ, however, is not a huge fan of the Theofel decision.
The agency's computer crimes and intellectual property division "continues to question whether Theofel was correctly decided, since little reason exists for treating old email differently than other material a user may choose to store on a network," according to the DOJ's Prosecuting Computer Crimes Manual.
"The term 'electronic storage' has a narrow, statutorily defined meaning. It does not simply mean storage of information by electronic means," according to the DOJ. "If the communication has been received by a recipient's service provider but has not yet been accessed by the recipient, it is in electronic storage. When the recipient retrieves the email or voice mail, however, the communication reaches its final destination. If the recipient chooses to retain a copy of the communication on the service provider's system, the retained copy is no longer in electronic storage."
[ cf Palin Hackers May Dodge Feds via DOJ Loophole ]
Clearly, now we must work out whom are More Person Persons than the folks whom, as we all know, are not the sort of Persons who have an actual right to privacy.
Remember, only the Head of Homeland Security can know for sure in a time of @WAR - since only the War President has the true ear of God!!!!
It is what our troops are fighting for!!!