In the wake of the FBI investigation that ended the career of the director of the CIA and implicated the top American commander in Afghanistan, Americans have a renewed interest in protecting their digital privacy from the government, strangers and even their own spouses. As we continue to learn about the digital trail left by all parties in the military general scandal, individuals should be more aware of their digital rights and even consider legal channels to protect themselves. On the Internet, and especially in emails, text messages, social network postings and online photos, our work lives and personal lives are inextricably intertwined. Private, personal messages and keystrokes are stored for years on computer servers, available to be discovered by government investigators and snooping spouses alike.
The FBI investigation of General Petraeus began after socialite Jill Kelly complained to the FBI about receiving anonymous, harassing emails. The FBI commenced a cyber-stalking investigation, which revealed that Paula Broadwell, Petreaus’ biographer and mistress, sent Kelly provocative emails threatening her to stay away from Petraeus. The FBI followed the electronic trail and gained access to Broadwell’s Gmail account, whereupon they discovered her relationship with Petraeus through unsent messages in a drafts folder. The Stored Communications Act of 1986 requires only an administrative subpoena for government entities to ascertain the identity, bank account number, home address and other proprietary online information. Administrative subpoenas allow interested agencies to gain access to “private” digital data, such as email accounts and other online forums. Internet companies have reported an increasing amount of government requests. Google, for example, reported that it received more than 12,000 requests for user data from American government agencies in 2011, and that the majority of these requests were complied with. The U.S. Justice Department’s manual on seizing electronic records states it can access emails that have been opened, those in the “sent” folder and all emails that are older than 180 days with a mere subpoena rather than a warrant obtained by a magistrate. And, of course, the government’s reach is not restrained to email alone but rather includes legally obtaining a wide array of electronic information and communications, such as a user’s location, keystrokes, transaction logs and all other “metadata” associated with online communication.
