Yesterday was Tax Day, and many spent it submitting last-minute tax returns. For those who haven’t, the Internal Revenue Service could be checking your emails.

According to a release of IRS documents last week, the agency has claimed the authority to read through taxpayers’ emails, social media posts and other forms of communication without a warrant. The purpose is to pursue delinquent taxpayers.

The documents were released at the request of the American Civil Liberties Union through the Freedom of Information Act. The group argues that findings reveal the IRS has taken its authority unfairly. Nathan Wessler, a staff attorney, wrote in a blog post, “it was the policy of the IRS to read people’s email without getting a warrant.”

In a 2009 IRS handbook, it states that emails more than 180 days old or already opened do not need to be retrieved with a warrant. This is perfectly legal according to the 1986 Electronic Communications Privacy Act, which lets government agencies access communications after 180 days in storage.

The IRS’ stance on the issue demonstrates a continued lack of respect for privacy by the government. It also demonstrates that legislators and the president are doing little to stop inappropriate surveillance attempts. The IRS should not have the power to look through emails.

The IRS denies it has used this power. In a statement, the agency said, “Our job is to administer the nation’s tax laws, and we do so in a way that follows the law and treats taxpayers with respect. Contrary to some suggestions, the IRS does not use emails to target taxpayers. Any suggestion to the contrary is wrong.”

While the IRS argues it has not used emails, the mere fact it has claimed the ability to do so is concerning. Sen. Mark Udall (D-Colo.) said, “This is an affront not only to our system of checks and balances, but also to our fundamental right to privacy.”

Ideally, we want the IRS to have the power to track down delinquent taxpayers and make a strong effort to ensure all taxes due are collected. However, not requiring the agency to have warrants is not a benefit to the public as a whole. It ignores the Constitution’s protections prohibiting improper searches. The Fourth Amendment should apply to emails, Facebook posts and other forms of communication.

Search and seizure is not only for tangible objects, but also for electronic property.

Users expect their emails to stay private. This is the reason for usernames and passwords. We don’t assume people are looking through our inboxes. Google, Yahoo! and Microsoft are among companies saying they will not reveal a user’s email unless they have a warrant. Their assurances are not enough, though.

President Barack Obama, who has the power to issue agency directives, has failed to address this issue and ensure privacy has not been violated. Congress has done little, too. By not acting, we have ended up with an unclear policy and the unnecessary possibility for agencies to overreach their power.

This is yet another instance in which the law and technology have not caught up with each other. We wouldn’t accept government agencies opening our mail. It is illegal. Technological forms of communication aren’t treated the same way by government, but need to be.

Harmen Rockler is a senior newspaper and online journalism and political science major. His column appears weekly. He can be reached at horockle@syr.edu or followed on Twitter at @LeftofBoston.

 

Published on April 16, 2013 at 1:22 am