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You can seal the envelope and hide what's inside, but it contains a postmark of where it came from and where it's going. All of this information outside the contents is "metadata." That said, even if you use a disposable Gmail account -- such as , for instance -- it's clearly a Gmail account, and Gmail is operated by Google. government or one of its law enforcement agencies wanted to access the private Petraeus email account, it would have to serve up a warrant.
Sometimes it just takes a smidgen of common knowledge. Because it's a private company, it does not fall under the scope of the Fourth Amendment. In this case, however, the Foreign Intelligence Services Act (FISA) would not apply.
The act allows for any electronic data to be read if it has been stored for less than 180 days.
That said, if there is reasonable suspicion albeit lacking evidence, or a U. law enforcement agency is dealing with a foreign national outside of the United States, that normally requires a secret FISA court order to be granted in order to proceed with the interception of data or warranted access to an email account, for example. If you're a European citizen with a Microsoft, Google, Yahoo or Apple account -- or any email offered in the cloud by a U. company -- which is most consumer email services nowadays -- it is accessible to the U. courts and other nations through various acts of law, such as the Foreign Intelligence Surveillance Act (FISA) or the PATRIOT Act, in which the latter amended much of what the former had implemented in the first place.
("Oh great, he's talking about the Patriot Act again," says everybody.) It's worth noting a common few misconceptions.
This has not only landed the former CIA chief in hot water but has ignited the debate over how, when, and why governments and law enforcement agencies are able to access ordinary citizens' email accounts, even if they are the head of the most powerful intelligence agency in the world.
What caught Petraeus out was, of all things, his usage of Google's online email service, Gmail.
One fateful night while Mitch and Dave are peeing in a fountain, lightning strikes and they switch bodies.