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Should feds be able to read e-mails without warrant?

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    Debate over online privacy concerns

  • Duration 5:08
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But many of as you are shopping this Cyber Monday can see giant is buying what -- -- on the computer during commercial -- married -- -- can.

-- -- some groups are now raising concerns about our privacy on mine.

The ACLU says outdated federal laws are giving law enforcement and easy access to just about everything we put on line from pictures and FaceBook post a private emails even what we're behind.

That race is -- questions as lawmakers attempts -- update these laws.

How much power should the government have in cyberspace joining us -- talk more about -- Morgan Wright is cyber security analyst.

And -- Jackson a former prosecutor and criminal defense attorney.

Thank you for taking time -- both of you from shopping online to check that the -- a half you guys it will get back -- that -- Take a quick few minutes you get right back to -- -- still leads you to search my private residence.

In most cases I know that -- a little new lines you need a warrant to do that.

Just search might Friday it.

Happenings on goings on the Internet what do you need as a lawyer today -- There's the issue with the Fourth Amendment issue -- we know went on reasonable searches and seizures it's -- -- -- constitution it's very important.

The problem is -- that we have that electronic communications privacy act but it's 1986.

That was when it was ultimately passed and signed by president.

Re began at that time of course you had -- Bob Zuckerberg founder of FaceBook he was in diapers you didn't have Twitter you didn't have FaceBook you have the worldwide web that is -- real need to updated on the issue now is.

Under that law if you had emails right you have emails and there over six months old they're considered abandoned -- result of that if the government wants to act.

Access and they just have to show that there's a material lead it's part of an ongoing investigation.

They get them no worries.

You -- -- what I know about that -- the -- -- I know if you -- going through my email kinda you know six months ago Tom you well if they're if they're private six months that of course you need a warrant and you filed the requisite procedures you wouldn't what's the court's support but if they're older than that did -- to be abandoned and they're not subject to the same protections.

All right so -- near the cyber security analyst -- McConnell we talk about new terror threats for example online and that's a big argument for more.

Government regulation and break even access.

To cyberspace.

Is to make sure that we can act quick enough.

To catch up to people who really want to do us harm what's the right balance.

You know as somebody -- applied for these wars before has been involved an electronic intercepts you have to balance the need for speed.

With the need for observing the appropriate privacy.

I think in this military strike the right time frame which a lot of the says you've got 48 hours if you've got.

Dangerous somebody's life it's matter of national security.

Or you have characteristics of what would be called organized crime.

You can go ahead get the information be kept the follow up 48 hours with the war 48 -- maybe a little bit too small the timeframe could be expanded to 72 or 96.

But in this day and age it's just one of the trade offs you have to make you want the information and if so here's the -- are gonna have to jump through to get at the alternative.

It is really locking it down and saying from the start you have to get to war that would impede the ability for law enforcement conduct these critical investigations at the snap -- you know -- And Martin you've worked as a detective you worked and law enforcement and according again it did give the bill that congress is taking up.

There's still some high pathetic are trying to work through some of the like the federal maritime -- -- Would have access warrantless access.

To emails with.

Why would they need warrantless access to emails an American citizen.

Well you know there are some regulatory agencies like SEC don't investigations National Labor Relations Board as a as a somebody who came from law enforcement you know the justice intelligence field.

I would have a problem getting that kind of unfettered access to too many government agencies.

You know you want the kind of oversight that comes with what law enforcement has now they need to show probable cause you know I am happy that needed jump through the right kind of hoops to get what they need.

What you don't want a surgical operation of expansion of the people's privacy.

Way to causing more shoes and then the end result being is law enforcement ends up with less than what they need not more than what -- should be entitled to.

You -- I went on the legal side whether or not we can make technology work brass will we ever get to a stage where you can text message.

I judge in the middle of the night at NASA were warring sisters simmons' email and then -- -- and is notified -- -- by text message or something like that do you ever see a scenario add that happening.

I think the answer is yes right now we -- judges up recall -- so absolutely -- I don't question that I asked if -- -- -- -- not happy about it but the point is it that you mentioned Canada's Morgan State it's about finding the appropriate balance and I don't particularly think that applying for warrant in -- in any way shape reform our law enforcement the ability to get the information they -- -- judicial oversight it ensures that what they're doing is appropriate and correct.

And of course it gives confidence to our citizens that Big Brother just not unduly watching and looking at what we're doing on my regular basis.

Again this -- from 1986 looking to be updated in this next congress is something we're paying close attention to you on this Cyber Monday -- -- shopping gentlemen happy about it but I can't wait.

Thank --

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