If, as is usually done with IMAP, the email is stored on a server that
is neither owned, nor operated, nor controlled by the recipient of the
email, then the security issue is the IMAP vendor turning that email
over to third parties without your knowledge, authorization, or consent.
US Law is clear that such email _can_ legally be turned over to third
parties, if certain specific conditions are met. It is extremely
difficult for IMAP users to be out of compliance with those specific
conditions. The irony here is that when the law was passed, not only was
the norm to be out of compliance, but the being in compliance with those
conditions took a series of active steps, on the part of the end user.
Back then, no matter how hard Joe Sixpack tried, he would not have in
compliance with those conditions.(Ah, the days when 100 kb mailboxes
were the norm, and mail sysadmins were ruthless about delting your
email, regardless of your desires.)
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