IRS Clarifies Policy on Search Warrants

  • 5/30/2013
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The IRS has announced it will obtain a search warrant in all cases when seeking the contents of emails from internet service providers (ISPs).

IRS Clarifies Policy on Search Warrants

The IRS has announced it will obtain a search warrant in all cases when seeking the contents of emails from internet service providers (ISPs). The announcement comes after the agency has been criticized for lacking a clear policy concerning access to taxpayer emails.

Earlier this year, Senator Charles Grassley, R-Iowa, and other lawmakers asked the IRS to clarify its policy on accessing taxpayer emails without search warrants. According to lawmakers, it was unclear if the IRS took the position that it could access taxpayer emails without a warrant under the Electronic Communication Privacy Act, which had been interpreted as allowing federal agencies to obtain certain emails without a warrant.

Additionally, the IRS reported that it will update any agency guidance that is contrary to this policy.

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