These days, your browser history can reveal a lot about who you are and what you do – through the searches you make, the websites you visit, the purchases you’ve made and more.
For law enforcement, this kind of information can be a virtual gold mine – and they often use the information they find to investigate crimes and build their cases.
However, most people do not realize exactly how easily the police can obtain their online browsing histories. In this article, we’ll delve into the ways in which law enforcement can access your internet data and discuss the importance of seeking legal guidance if you’re concerned about your online activities.
Destroying your electronics won’t destroy your browser data
Contrary to popular belief, destroying your electronic devices will not erase your browsing history. Internet Service Providers (ISPs) like Spectrum, Comcast, and Verizon, as well as tech companies that supply online browsers, such as Google, Microsoft, and Apple, maintain records of your online activities. These records can be obtained by law enforcement through various means, including:
- Subpoenas: If you’re charged with a crime, law enforcement can obtain your browsing history with a simple subpoena. Google, for example, receives thousands of these requests every year and has an online Law Enforcement Request System (LERS) to facilitate the process.
- Warrants: In some cases, law enforcement may need to obtain a warrant to access your browsing history. However, this is not always required, and a subpoena may be sufficient.
- ISP records: Your ISP can provide law enforcement with records of your online activities, including the websites you’ve visited, the dates and times of your visits, and your IP address.
- Browser data: Tech companies can provide law enforcement with data from your browser, including your search history, cookies, and other online activities.
A lot of people misunderstand how electronic data is stored. They think that, if they destroy their computers, tablets or phones, all of their browsing history will also be destroyed.
If you’ve been arrested, all it takes is a subpoena
If you’re charged with a crime, the police don’t even need an actual warrant to get the data. Generally speaking, while they might eventually move to get a warrant, most of the time a user’s search records and other data can be obtained from tech companies with nothing more than a subpoena. In fact, Google answers so many that it even has an online Law Enforcement Request System (LERS).
Searching in “private” mode won’t protect you
Most browsers have some form of “private” mode which offer a false sense of privacy – but it isn’t as private as you might think.
While these modes may prevent others who use your device from seeing your browsing history, they do not prevent:
- ISPs from tracking your online activities: Your ISP can still see the websites you visit and the dates and times of your visits, even if you’re using a private browsing mode.
- Websites from collecting data: The websites you visit can still collect data about your activities, including your IP address, browser type, and other information.
- Law enforcement from obtaining your data: If law enforcement has a subpoena or warrant, they can still obtain your browsing history, even if you’ve used a private browsing mode.
Your privacy only exists within the confines of your device, so your search history won’t be visible to anybody else who uses it – and you won’t pick up any “cookies” from websites you visit. But it doesn’t stop your ISP from noting where you made a connection or when you were online, nor does it stop the websites you visit from knowing you were there.
The severity of the situation and the importance of legal protections
The ability of law enforcement to access your browsing history can have serious consequences, particularly if you’re charged with a crime. Your online activities can be used as evidence against you, and a single misstep can lead to severe penalties, including fines, imprisonment, and a permanent record.
However, it’s essential to remember that you have rights and protections under the law.
If you’re concerned about your browsing history and its potential impact on a criminal case, it’s crucial to seek legal guidance from an experienced attorney who can help you:
- Understand your rights: Learn about your rights and protections under the law, including your right to privacy and your right to a fair trial.
- Develop a strategy: Work with your lawyer to develop a strategy to protect your interests and minimize the potential consequences of your online activities.
- Navigate the legal system: Let your lawyer guide you through the complexities of the legal system, ensuring that you receive the best possible outcome in your case.
Remember, your online activities can have serious consequences, but with the right legal guidance, you can protect your rights and interests. Don’t hesitate to seek help if you’re concerned about your browsing history – contact an attorney from Krasnoo, Klehm & Falkner LLP today.