Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
4th amendment, privacy, text messages



Court Rules That Your Text Messages Are Private

from the good-for-them dept

A few months ago, we noted that New York City was demanding text messages sent by some people as part of an investigation. This was just the latest in a long line of requests for text messages, where questions have been raised about whether or not those messages should be considered private. Now, a court in the 9th circuit has said that there's a reasonable expectation of privacy on text messages, and a company revealing them without consent from either the sender or the recipient represents a violation of the Fourth Amendment.

13 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    Jun 18th, 2008 @ 7:21pm
  • by Riggs

    Well they tap phone lines of suspects... why should they be disallowed to do the same with text messages?

    (reply to this comment) (link to this comment)

  • Jun 18th, 2008 @ 7:34pm
  • Interesting - you'd think they would be able to be used in cases? Aren't emails?

    (reply to this comment) (link to this comment)

  • Jun 18th, 2008 @ 9:59pm
  • Poor Kwame.

    by Anonymous Coward

    Too bad that defense didn't work for Detroit Mayor Kwame Kilpatrick...

    (reply to this comment) (link to this comment)

  • Jun 18th, 2008 @ 11:30pm
  • Emails??

    by Raymond

    i do believe emails can be used in cases, now with that being said, text messages these days, are they not simplified emails anymore??? im not saying that text messages should be monitored, but my point being, text messages should be able to be used in a case

    (reply to this comment) (link to this comment)

  • Jun 18th, 2008 @ 11:41pm
  • Did i really send that?!

    by Joe Bloggs

    @Raymond

    Ah! But can the court prove beyond reasonable doubt that I sent the message, or that someone used my phone while i wasn't looking...

    (reply to this comment) (link to this comment)

    • Jun 19th, 2008 @ 8:14am
    • Re: Did i really send that?!

      by Originate

      That defense doesn't even work against the RIAA in copyright infringement cases. What makes you think it would work for something more serious?

      (reply to this comment) (link to this comment)

    Jun 19th, 2008 @ 12:12am
  • Relax...

    No, all that they are saying is it's still admissible but it's going to require a court order before it can be presented, not a big deal. Email fell into that same category last year.

    (reply to this comment) (link to this comment)

  • Jun 19th, 2008 @ 2:43am
  • sms is dying

    by Paul

    it is just pushing people toward running secure and encrypted IM applications over tcp on their phones instead of sms which is still archaically a metered service.

    (reply to this comment) (link to this comment)

  • Jun 20th, 2008 @ 8:30am
  • For More Info...

    by HFC

    For a bit more in depth analysis of this ruling visit CLCT's blog.

    (reply to this comment) (link to this comment)

  • Jul 1st, 2008 @ 6:19pm
  • privacy of e-mails

    by Billy Bob Buck

    Didn't y'all notice? That decision was laid down by the 9th District Court of Appeals. They are the most LIBERAL, most KOOKY, and the most overturned (by the U S Supreme Court) of any district court in our fair land. Shucks, those guys are loopy. So y'all just forget what them "judges" say, and watch yur email!

    (reply to this comment) (link to this comment)

  • Aug 15th, 2009 @ 5:21pm
  • by Ladonna F.

    I had an employee read my messages to my boss-do you still think that is a violation of the fourth ammendment? Any suggestions on how to handle this matter-I still work there?

    (reply to this comment) (link to this comment)

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