Wednesday, April 17, 2013

IRS May Want to Peak at Your E-mail

In a recent CNET article, it was noted that the IRS believes that during a tax investigation, it should have warrantless access to your e-mails. The IRS appears to think that there is generally no privacy right with respect to e-mail. Despite a 2010 Federal Case ruling in U.S. v. Warshak that requires warrants to access e-mails, the IRS still appears to hold its position.

In addition to case law, legislation is currently being discussed in Congress to specifically require warrants to access e-mails. Accordingly, the general consensus is the same and the IRS should take note...