Challenging Postal Inspector Requests for Private Text and Email Records

Challenging Postal Inspector Requests for Private Text and Email Records

We all want to protect our privacy. But sometimes the government thinks it needs to see our private communications for an investigation. This article looks at legal ways to challenge requests from Postal Inspectors to hand over your texts, emails, and other messages.

What can Postal Inspectors investigate?

Postal Inspectors are federal agents who investigate crimes related to the mail system. This includes things like:

• Mail fraud
• Identity theft
• Drug trafficking
• Child pornography

To investigate these crimes, Postal Inspectors can request records from mail services and tech companies. This includes private messages sent through apps, texts, and emails.¹

How Postal Inspectors get private records

For Postal Inspectors to see your private messages, they need a few things:

1. A written request explaining why they need the records. This has to be approved by a supervisor.
2. A subpoena or court order demanding the records.
3. The company holding the records to actually hand them over.

Tech companies often comply with these requests unless you take action. But the law allows you to fight back to protect your privacy.

Your legal right to challenge record requests

You have the right to get notice when a company gets a request for your records. This is thanks to the Stored Communications Act.² When you get notice, you can take steps like:

• File a motion to quash the subpoena requesting your records. This argues there are legal reasons the subpoena is invalid or should be limited. If successful, the court withdraws or limits the subpoena so some records can’t be handed over.
• Intervene in the court case. This makes you an official party in the court case about your records. It gives you more rights to argue against handing over records.
• Ask for an protective order. This asks the court to limit how your records are used and who can see them. It helps protect your privacy.

You may also be able to sue the government for violating your rights. For example, you may have a claim if records were requested without proper procedures or your notice rights were violated.³

How to enforce your rights

To protect your rights, take steps like:

1. Don’t ignore legal notices about requests for your records. Read them carefully.
2. Hire a lawyer knowledgeable about these issues.
3. Act quickly to file court motions before the company hands over records.
4. Point out specific problems with the request or legal violations.
5. Ask the court for all possible protections of your private records.

With quick action, you may be able to stop or limit access to your private messages. Don’t be afraid to assert your rights.

What to know about Postal Inspector phone calls

Postal Inspectors do sometimes call people as part of investigations. But scammers pretend to be Postal Inspectors too. Here’s how to tell the difference:

• Real Postal Inspectors won’t demand immediate payment. Scammers will try to pressure you to pay right away.
• Postal Inspectors will never ask for payment by gift card, cryptocurrency, wire transfer, etc. Those are scammer red flags.
• Look up the Postal Inspector office number to call back directly. Scammers spoof fake numbers.

If you get a suspicious call, hang up. Record the number and report it to the real Postal Inspection Service.⁴ Don’t fall for scammers pretending to be Postal Inspectors!

Key takeaways

• Postal Inspectors can request private communications records to investigate mail crimes.
• You often have legal rights to fight requests for your records.
• Act quickly to hire a lawyer and file court motions to protect your privacy.
• Watch out for scammers faking calls from Postal Inspectors.

We all want privacy. With fast action, you can assert your rights against overreach. This article gave you tools to challenge requests for your private records. The law provides protections, so don’t be afraid to use them. With a lawyer’s help, you can guard your rights.

References

1. Electronic Code of Federal Regulations, Title 39, Part 233

2. Stored Communications Act

3. Overview of the Privacy Act of 1974 (2020 Edition)

4. USPIS, Fake USPIS Phone Calls