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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Weeders turn out to head off pesticide use Gov. Kitzhaber steps down, federal investigation begins Successor Kate Brown must run for election in 2016 Emergency services, Feb. 14 Community leaders saddened by governor's departure Crime, Courts and Emergency Services Emergency services, Feb. 14 Police arrest robbery suspects who wore underwear as masks Purple Parrot robber sentenced Busy burglar still at large in Medford Sheriff's lieutenant may face misconduct charges over ticket dismissals Politics and Elections Gov. Kitzhaber steps down, federal investigation begins Gov. Kitzhaber announces resignation Successor Kate Brown must run for election in 2016 Community leaders saddened by governor's departure Read Gov. John Kitzhaber's statement on his resignation Education Logos to receive a slice of Wes Howard Memorial Sports Park Medford School Board OKs full-day kindergarten Former superintendent sues district, board member Sharing black culture SOU board names officers, committees Environment Coho salmon road trip Mt. Ashland Ski Area celebrates snow Company fined for illegally dumping asbestos in White City Solar pavilion going up at Coyote Trails GMO opponents can join Jackson County in defending ban State News Gov. Kitzhaber announces resignation Read Gov. John Kitzhaber's statement on his resignation Top Democrats call on Kitzhaber to resign Legislative leaders join in call for Kitzhaber resignation (updated) Oregon secretary of state calls meeting with governor 'strange' Nation - World Obituaries Richard Lester Spencer Arlene M. (Ryan) Mills William J. Holloway Pauline Mae Barnett In Loving Memory of Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Shareable This $1 million Mercedes is like an armored private jet for the road Sports Latest Stories Aldridge to start in place of injured Davis Wiese's drive started in the driveway Lake Tahoe tops Southern Oregon Crusaders earn share of league title St. Mary's secures tie for SCL boys crown Varsity 541 College Sports Wiese's drive started in the driveway Wiese powers No. 8 Beavers past No. 12 ASU Raiders make history with perfect score Beavers win opening baseball game No. 3 Gonzaga rolls over Loyola Marymount Pro Sports Aldridge to start in place of injured Davis James elected players' union vice president Snedeker, Jones tied for Pebble lead All-Star weekend returns to frigid New York Vikings chief says he's support Peterson’s return Community Sports Local Events Business Latest Stories Blog: Once Upon A Valentine's Day Medford airport flies past January record Carestream innovation opens new direction Cooperation, not confrontation Ride & Drive: 2015 Dodge Challenger R/T Scat Pack Real Estate News Housing prices climb 9 percent in Jackson County Big plans on the Butte Homes for the long haul New owners of Medford Center promise a hands-on approach: People In Business People in Business Transportation Medford airport flies past January record The heart of Brammo will remain Want to be an investor? Four companies will be pitching their plan to you Agriculture 1-800-Flowers dumps Harry & David execs Nine companies pitch investment opportunities in Medford Darigold to shutter Medford plant, putting 29 out of work Opinion Latest Landgren cartoon: Disneyland measles outbreak Matthew T. Mangino: The government has access to your emails Letters to the Editor, Feb. 13 Our View: Time to end the vaccine exemption Guest Opinion: Weed killers should not be sprayed on streams, homes Editorials Our View: Time to end the vaccine exemption Our View: Hemp hemp, hooray — old crop is new again Our View: Maintaining a major community asset Our View: A small contribution to fairness Our View: Call for resignation is premature Letters to the Editor Letters to the Editor, Feb. 13 Letters to the Editor, Feb. 12 Letters to the Editor, Feb. 11 Letters to the Editor, Feb. 10 Letters to the Editor, Feb. 9 Columns Guest Opinion: Weed killers should not be sprayed on streams, homes Dana Milbank: Bobby Jindal's unpleasant record George Will: The Pence paradox Kathleen Parker: Brian Williams' six-mile stare Guest Opinion: Understanding Wes Cooley Guest Opinions Guest Opinion: Weed killers should not be sprayed on streams, homes Guest Opinion: Understanding Wes Cooley Guest Opinion: Smokers: Quit before this happens to you Guest Opinion: Our public school system is a stew pot of clashing ingredients Guest Opinion: How long will we look the other way? Lifestyle Latest stories Community blog: Your Brain on Love She needed time to think The zwickels shall flow David Murdock: Take a nice little walk Looking Up: The sky on Valentine's night Food The zwickels shall flow Community blog: Custard mashup omits scary step for amateurs Season Stepp: Prepare a steakhouse meal at home Tammy Kelly: Healthy at-home Valentine’s Day meals (and desserts) for two Donna Knight: Meatloaf holds lessons Home and Garden Repair or replace your garage door panel? Dear Monty: Hot markets change agent behavior Carol Link: How to make sure yucca plants are gone Home Help: Repurposing garage doors into stunning walls with a view Landscape lighting for beauty, safety and value Health Community blog: Your Brain on Love Health Watch: The rise of wearable fitness tech Community blog: Are You Losing or Gaining on Your Investment in Health? Community blog: Simple Solutions Health Watch: Simple swaps for a healthy lifestyle Hiking Biking Faith Religion briefs: Friday, Feb. 13 RELIGION BRIEFS, Feb. 6 Religion News: Church of England consecrates first female bishop Religion briefs Religion briefs, Jan. 23 Milestones and Achievements New arrivals: Sunday, Feb. 8 Columnist for a Day Rogue Healthy Aging Tempo Latest stories Soo Rah Korean Cuisine Southern Oregon Rod and Custom Show Ayron Jones and The Way play Rocky-Tonk Brett Dennen plays the old Ashland Armory Blues Jam at The Little Brown Jug in Talent Theater Le Cirque presents 'City Walk' 'Seven Brides for Seven Brothers' 'Dames at Sea' opens at Oregon Cabaret Theatre Camelot presents Playwright Richard Manley's 'A Question of Words' Classics, premiers highlight '15 season for OSF Music Live Music in Local Clubs Roy Zimmerman's 'The Faucet's on Fire" Victor D. Infante: Just in time for Valentine’s Day, some favorite breakup songs Ayron Jones and The Way play Rocky-Tonk Brett Dennen plays the old Ashland Armory Community Events Southern Oregon Rod and Custom Show Ashland's First Friday Art Walk showcases new exhibits by regional artists Jacksonville celebrates Chinese New Year Comedian Susan Westenhoefer pulls no punches Paula Poundstone performs at the Craterian Dining The zwickels shall flow Soo Rah Korean Cuisine Stylish shareables are the feature at Brickroom Sandwiches and burgers are hits at The Rogue Chef The Vine offers a taste of Italy Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obituaries Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines & Special Sections NEWS NOW Weeders turn out to head off pesticide use ... Get Up & Go: Saturday, Feb. 14 ... Gov. Kitzhaber steps down, federal investigation begins ... Weeders turn out to head off pesticide use ... Get Up & Go: Saturday, Feb. 14 ... Gov. Kitzhaber steps down, federal investigation begins ... Matthew T. Mangino: The government has access to your emails Comment By Matthew T. Mangino More Content Now MailTribune.com By Matthew T. Mangino More Content Now Posted Feb. 13, 2015 @ 9:22 am By Matthew T. Mangino More Content Now Posted Feb. 13, 2015 @ 9:22 am » Social News Twenty-nine years ago, when Congress considered the privacy to be afforded electronic communications, the concept of the Internet, text messaging and electronic storage of documents was still the stuff of science fiction. Today, 84 percent of U.S. households own a computer with access to the Internet, and 91 percent of Americans have a cellphone, according to Pew Research. The media has been plastered with news of the data breach at Anthem were hackers stole names, Social Security numbers and other sensitive information from as many as 80 million customers. Americans are up in arms. Yet few people know that the Electronic Communications Privacy Act of 1986 makes private information — emails, text messages and electronically stored documents — available to law enforcement and the government six months after sent, received or stored. The framers of the U.S. Constitution recognized that citizens in a democratic society have a reasonable expectation of privacy for their “persons, houses, papers, and effects.” However, today with a significant amount of “papers and effects” stored electronically, those protections secured more than two centuries ago have begun to erode. The “180-day rule,” as it has become known, allows law enforcement officials to treat any emails, text messages or documents stored on remote servers — popularly known as the cloud — as “abandoned” if stored for more than 180 days, reported McClatchy. Traditionally, the U.S. Supreme Court has interpreted the Fourth Amendment as not providing privacy protection to property that has been abandoned. For instance, luggage at an airport that an individual refuses to claim or acknowledge ownership over — or garbage that is set at the curb — is considered abandoned and no longer afforded constitutional protection. Can the same be said for an eight-month old email or document stored in the cloud? The Electronic Communications Privacy Act of 1986 was written at a time when the breadth of electronic communication had not yet been fully contemplated. Congressman Kevin Yoder, a Republican from Kansas, is leading an effort in the House of Representatives to update the law. “They [police] couldn’t kick down your door and seize the documents on your desk, but they could send a request to Google and ask for all the documents that are in your Gmail account. And I don’t think Americans believe that the Constitution ends with the invention of the Internet,” Yoder said in a statement. Yoder’s Bill has bipartisan support. He has partnered with Congressman Jared Polis, a Colorado Democrat in the House and Senators Patrick Leahy, D-Vt., and Mike Lee, R-Utah, in the U.S. Senate. If passed into law, the legislation would protect the confidentiality of electronic communications described in the current law and prohibit the government from seeking or forcing disclosure of digital communication content without a warrant issued by “a court of competent jurisdiction directing the disclosure.” In other words, law enforcement would have to show the court there is sufficient proof to obtain a warrant based on probable cause. Some states are not waiting for the federal government to take action. Yoder introduced the same legislation last year with more than half of the House signing on as co-sponsors. The bill never made it to the Judiciary Committee for consideration. In California, legislation was recently introduced that would prohibit warrantless law enforcement access to emails, text messages and electronically stored documents. Sponsored by State Sen. Mark Leno, the legislation known as the California Electronic Communications Privacy Act, would require law enforcement to obtain a warrant before accessing an individual’s private electronic communications. Amending the federal Electronic Communications Privacy Act is not without opponents. Law enforcement and administrative agencies argue that the new restrictions will make it difficult to fight crime and terrorism. The Securities and Exchange Commission was largely responsible for stopping the passage of a bill during the previous legislative session, according to the Personal Liberty Blog. As a civil regulatory agency, the SEC lacks the power to obtain a search warrant and relies on subpoena power to enable email reviews in its investigation of corporate wrongdoing and insider trading. Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George. His book, “The Executioner’s Toll, 2010,” was released by McFarland Publishing. You can reach him at mattmangino.com and follow him on Twitter at @MatthewTMangino. By Matthew T. Mangino More Content Now MailTribune.com By Matthew T. 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