Sunday, April 20, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Petraeus case shows FBI’s authority to read email

WASHINGTON — Your emails are not nearly as private as you think.

The downfall of CIA Director David Petraeus demonstrates how easy it is for federal law enforcement agents to examine emails and computer records if they believe a crime was committed. With subpoenas and warrants, the FBI and other investigating agencies routinely gain access to electronic inboxes and information about email accounts offered by Google, Yahoo and other Internet providers.

“The government can’t just wander through your emails just because they’d like to know what you’re thinking or doing,” said Stewart Baker, a former assistant secretary at the Department of Homeland Security and now in private law practice. “But if the government is investigating a crime, it has a lot of authority to review people’s emails.”

Under the 1986 Electronic Communications Privacy Act, federal authorities need only a subpoena approved by a federal prosecutor — not a judge — to obtain electronic messages that are six months old or older. To get more recent communications, a warrant from a judge is required. This is a higher standard that requires proof of probable cause that a crime is being committed.

Public interest groups are pressing Congress for the law to be updated because it was written a quarter-century ago when most emails were deleted after a few months because the cost of storing them indefinitely was prohibitive. Now, “cloud computing” services provide huge amounts of inexpensive storage capacity. Other technological advances, such as mobile phones, have dramatically increased the amount of communications that are kept in electronic warehouses and can be reviewed by law enforcement authorities carrying a subpoena.

“Technology has evolved in a way that makes the content of more communications available to law enforcement without judicial authorization, and at a very low level of suspicion,” said Greg Nojeim, a senior counsel at the Center for Democracy & Technology.

The chairman of the Senate Judiciary Committee, Patrick Leahy, has proposed changing the law to require a warrant for all Internet communications regardless of their age. But law enforcement officials have resisted because they said it would undercut their ability to catch criminals.

A subpoena is usually sufficient to require Internet companies to reveal names and any other information that they have that would identify the owner of a particular email account. Google, which operates the widely used Gmail service, complied with more than 90 percent of the nearly 12,300 requests it received in 2011 from the U.S. government for data about its users, according to figures from the company.

Even if a Gmail account is created with a fictitious name, there are other ways to track down the user. Logs of when messages are sent reveal the Internet address the user used to log onto the account. Matching times and dates with locations allow investigators to piece together the chain.

A Gmail account figured prominently in the FBI investigation that led to Petraeus’ stunning resignation last week as the nation’s spy chief. Petraeus, a retired Army general, stepped down after he confessed to an extramarital affair with Paula Broadwell, an Army Reserve officer and his biographer.

The inquiry began earlier this year after Jill Kelley, a Florida woman who was friends with Petraeus and his wife, Holly, began receiving harassing emails. Kelley is a Tampa socialite. That is where the military’s Central Command and Special Operations Command are located.

Petraeus served as commander at Central Command from 2008 to 2010.

FBI agents eventually determined that the email trail led to Broadwell, according to two federal law enforcement officials, who spoke on condition of anonymity because the sources were not authorized to speak about the matter on the record. As they looked further, the FBI agents came across a private Gmail account that used an alias name. On further investigation, the account turned out to be Petraeus’s.

The contents of several of the exchanges between Petraeus and Broadwell suggested they were having an affair, according to the officials. Investigators determined that no security breach had occurred, but continued their investigation into whether Petraeus had any role in the harassing emails that Broadwell had sent to Kelley, which was a criminal investigation.

Petraeus and Broadwell apparently used a trick, known to terrorists and teen-agers alike, to conceal their email traffic.

One of the law enforcement officials said they did not transmit all of their communications as emails from one’s inbox to the other’s inbox. Rather, they composed some emails in a Gmail account and instead of transmitting them, left them in a draft folder or in an electronic “dropbox.” Then the other person could log onto the same account and read the draft emails there. This avoids creating an email trail which is easier to trace. It’s a technique that al-Qaida terrorists began using several years ago and teen-agers in many countries have since adopted.

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

Supervisor candidates vary on Plan Bay Area

By Barry Eberling | From Page: A1, 15 Comments | Gallery

 
Earth Day means cleanup Day for Suisun City

By Susan Hiland | From Page: A1, 5 Comments | Gallery

Hop to it: Couple lights up home, yard for Easter

By Amy Maginnis-Honey | From Page: C1

 
Bay Area makes growth plans

By Barry Eberling | From Page: A1, 2 Comments

Ranking the best Bay Area athletes

By Brad Stanhope | From Page: A2

 
The Edge hosts Easter egg hunt

By Adrienne Harris | From Page: A3

Alooma Temple keeps children in mind

By Adrienne Harris | From Page: A3 | Gallery

 
Fairfield author to speak at women’s expo

By Susan Hiland | From Page: A3

Piano scholarship competition set in Vallejo

By Susan Hiland | From Page: A3

 
The resurrection has changed the lives of Christians

By Perry W. Polk | From Page: C3

 
Armijo graduate completes basic training

By Nick DeCicco | From Page: C4

 
Understanding your health insurance

By Morgan Westfall | From Page: D4, 1 Comment

 
Record Store Day a commercial hit

By Adrienne Harris | From Page: A5 | Gallery

Easter egg hunt brings out the smiles

By Susan Hiland | From Page: A5, 2 Comments | Gallery

 
Dutch Bros. joins Fairfield coffee corridor

By Barry Eberling | From Page: B7, 7 Comments | Gallery

City sets plan to dispose of property assets

By Brian Miller and Karl Dumas | From Page: B7, 1 Comment

 
Fairfield police log: April 17, 2014

By Susan Hiland | From Page: A12

Suisun City police log: April 17, 2014

By Susan Hiland | From Page: A12

 
.

US / World

Counties tell Brown they need money for his law

By The Associated Press | From Page: A1, 1 Comment

 
San Francisco probe leading to entrapment claims

By The Associated Press | From Page: A6

Exhibit recreates Warhol’s 1964 World’s Fair mural

By The Associated Press | From Page: A10

 
NASA’s space station Robonaut finally getting legs

By The Associated Press | From Page: A10 | Gallery

Ohio couple married 70 years die 15 hours apart

By The Associated Press | From Page: A11 | Gallery

 
Documents detail another delayed GM recall

By The Associated Press | From Page: A11, 1 Comment

At barricades, Ukraine insurgents await Easter

By The Associated Press | From Page: A13

 
Official: 3 bodies retrieved from inside ferry

By The Associated Press | From Page: A13 | Gallery

13th body pulled from snow in Everest avalanche

By The Associated Press | From Page: A13

 
Costa Rican a celebrity after certified miracle

By The Associated Press | From Page: A14 | Gallery

.

Opinion

Government … for the government?

By Bill James | From Page: A8, 9 Comments

 
Editorial Cartoons for April 20, 2014

By Daily Republic Syndicated Content | From Page: A8

Question of the week: Will Flight 370 be found?

By Daily Republic | From Page: A8

 
Neighborhood speeders don’t get it

By Letter to the Editor | From Page: A8, 7 Comments

 
Why would a person do this?

By Letter to the Editor | From Page: A8, 3 Comments

Sound off for April 20, 2014

By Daily Republic | From Page: A8, 1 Comment

 
Jeb Bush, love, and today’s GOP

By Ruben Navarrette | From Page: A9, 1 Comment

 
 
.

Living

Today in History for April 20, 2014

By The Associated Press | From Page: A2

 
Community Calendar: April 20, 2014

By Susan Hiland | From Page: A2

Bill Nye says he underestimated debate’s impact

By The Associated Press | From Page: C3, 10 Comments

 
Book details lives of cloistered nuns

By The Associated Press | From Page: C3

Horoscopes for April 20, 2014

By Holiday Mathis | From Page: D4

 
Pete spends weekends at my house but he never invites me to his

By Kathy Mitchell and Marcy Sugar | From Page: D4

.

Entertainment

Flea of Red Hot Chili Peppers has book deal

By The Associated Press | From Page: C2

 
Tartt, Goodwin finalists for Carnegie medals

By The Associated Press | From Page: C2

New book on fracking illuminates pros, cons

By The Associated Press | From Page: C2

 
PUBLISHERS WEEKLY BEST-SELLERS

By The Associated Press | From Page: C2

TVGrid

By Daily Republic Syndicated Content | From Page: B11

 
.

Sports

A’s score 3 in 9th, rally past Astros 4-3

By The Associated Press | From Page: B1 | Gallery

 
Warriors beat Clippers 109-105 in playoff opener

By The Associated Press | From Page: B1 | Gallery

 
Kings, Sharks look to put Game 1 in past

By The Associated Press | From Page: B1 | Gallery

Stults, Padres hand Giants third straight loss

By The Associated Press | From Page: B1

 
Calathes suspension a reminder of supplement risk

By The Associated Press | From Page: B2

Raptors GM Ujiri uses profanity about Brooklyn

By The Associated Press | From Page: B2

 
Williams scores 24 as Nets beat Raptors 94-87

By The Associated Press | From Page: B2 | Gallery

Durant leads Thunder past Grizzlies 100-86

By The Associated Press | From Page: B2

 
Hawks take 1-0 lead by rolling past Pacers 101-93

By The Associated Press | From Page: B2

Federer beats injured Djokovic to reach final

By The Associated Press | From Page: B3 | Gallery

 
Indians set two new school records for track

By Daily Republic staff | From Page: B4

Wie shoots 67, wins LPGA LOTTE Championship

By The Associated Press | From Page: B4

 
Rapids, Earthquakes play to scoreless tie

By The Associated Press | From Page: B4

Travis Bowl Highlights

By Daily Republic | From Page: B4

 
Jimenez leads Langer by 1 shot in Greater Gwinnett

By The Associated Press | From Page: B4

Stars Recreation bowling results

By Daily Republic | From Page: B4

 
Donald shoots 66, takes lead at RBC Heritage

By The Associated Press | From Page: B4

Big names among prospective Buffalo Bills buyers

By The Associated Press | From Page: B4

 
Award-winning archery champ shoots with his teeth

By The Associated Press | From Page: B6 | Gallery

Survivors keep busy as Boston Marathon approaches

By The Associated Press | From Page: B6

 
.

Business

US delays review of contentious Keystone pipeline

By The Associated Press | From Page: B7

 
Why high oil prices are actually good for airlines

By The Associated Press | From Page: B7

Subscription sample boxes shake up beauty routines

By The Associated Press | From Page: B8

 
Girls from modest families get lift in technology

By The Associated Press | From Page: B12

Haunted house part of San Antonio apartment lofts

By The Associated Press | From Page: B13

 
Recalls this week: lanterns, exercise devices

By The Associated Press | From Page: B13

Review: Siri-like Cortana fills Windows phone gap

By The Associated Press | From Page: B14

 
.

Obituaries

Margaret Elizabeth Silva

By Susan Hiland | From Page: A4

 
Lloyd G. Hoffmeister

By Nancy Green | From Page: A4

Ramon Isidro

By Adrienne Harris | From Page: A4

 
Rogelio Tinoco-Zamudio

By Susan Hiland | From Page: A4

James Leroy Barbour

By Nancy Green | From Page: A4

 
William Paul Wehrly

By Nancy Green | From Page: A4

Sealwyn Shirley Brucefield Shepherd Malkiewicz

By Nancy Green | From Page: A4

 
.

Comics