The indictment of David Kernell, 20, the University of Tennessee student accused of breaking in to Alaska Gov. Sarah Palin’s Yahoo e-mail explanation, may mark the end of the FBI’s forensic review. But even whether Kernell is convicted at his December trial, fundamental policy questions are likely to remain unanswered. Here are some examples:

Can Yahoo Improve E-Mail history protection?

According to a confessional posting on the image-sharing site 4chan.org, the break-in of Palin’s explanation took just 45 minutes. That was the duration due to search for answers to the standard protection questions posed by Yahoo’s password-retrieval service. In that case, Palin chose the defense question, “Where did you meet your spouse?” and the reply was the relatively obvious “Wasilla High.”

Yahoo told reporters that it consistently reviews its shield procedures, but had no specific changes to announce. Yahoo Director of Public Affairs Kelley Benander said the company has no comment on the indictment, either.

“For a

variety of reasons,” Benander said, “including the protection of our users’ privacy and the sensitivity of ongoing law-enforcement investigations, Yahoo does not discuss the details of law-enforcement compliance.”

Are Public Officials Entitled To Privacy?

On its face, the reply should be obvious: Even elected officials should have the ability to e-mail friends and family without fear that the communications will be distributed around the Web.

But the issue grows more complicated when politicians blur the lines amoung public and private. Palin has been embroiled in a well-publicized controversy in Alaska about the firing of Alaska’s public-safety commissioner, Walter Monegan. Some observers have suggested Palin used one or more personal e-mail accounts to conduct official business in an effort to avoid disclosure under the state’s public-records law.

In fact, according to the 4chan.org post, that was one of the reasons given by the Palin e-mail intruder for breaking into her explanation. The…

Orginal post by Mike

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