Email Privacy - US Law

US Law

After 180 days in the U.S., email messages lose their status as a protected communication under the Electronic Communications Privacy Act, and become just another database record. This means that a subpoena instead of a warrant is all that is needed for a government agency to force email providers such as Google's Gmail to produce a copy. Other countries may even lack this basic protection, and Google's databases are distributed all over the world. Since the Patriot Act was passed, it's unclear whether this ECPA protection is worth much anymore in the U.S., or whether it even applies to email that originates from non-citizens in other countries.

Email sent by employees through their employer's equipment has no expectation of privacy; the employer may monitor and all communications through their equipment. According to a 2005 survey by the American Management Association, about 55% of US employers monitor and read their employees' email. Even attorney–client privilege is not guaranteed through an employer's email system; US Courts have rendered contradictory verdicts on this issue.