Court Rules That Your Text Messages Are Private

from the good-for-them dept

Wed, Jun 18th 2008 6:30pm — Mike Masnick

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.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: 4th amendment, privacy, text messages

17 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Riggs, 18 Jun 2008 @ 7:21pm

Well they tap phone lines of suspects... why should they be disallowed to do the same with text messages?
[ link to this | view in thread ]
Blog Marketing Journal, 18 Jun 2008 @ 7:34pm

Interesting - you'd think they would be able to be used in cases? Aren't emails?
[ link to this | view in thread ]
Anonymous Coward, 18 Jun 2008 @ 9:59pm

Poor Kwame.
Too bad that defense didn't work for Detroit Mayor Kwame Kilpatrick...
[ link to this | view in thread ]
Raymond, 18 Jun 2008 @ 11:30pm

Emails??
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
[ link to this | view in thread ]
Joe Bloggs, 18 Jun 2008 @ 11:41pm

Did i really send that?!
@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...
[ link to this | view in thread ]
Michael G., 19 Jun 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.
[ link to this | view in thread ]
Paul, 19 Jun 2008 @ 2:43am

sms is dying
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.
[ link to this | view in thread ]
Originate, 19 Jun 2008 @ 8:12am

Re:
It isn't any different. A warrant supersedes any privacy rights you may have.
[ link to this | view in thread ]
Originate, 19 Jun 2008 @ 8:13am

Re:
Once again, this obviously does not include what your rights may or may not be after a warrant is obtained.
[ link to this | view in thread ]
Originate, 19 Jun 2008 @ 8:14am

Re: Did i really send that?!
That defense doesn't even work against the RIAA in copyright infringement cases. What makes you think it would work for something more serious?
[ link to this | view in thread ]
HFC, 20 Jun 2008 @ 8:30am

For More Info...
For a bit more in depth analysis of this ruling visit CLCT's blog.
[ link to this | view in thread ]
Billy Bob Buck, 1 Jul 2008 @ 6:19pm

privacy of e-mails
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!
[ link to this | view in thread ]
Ladonna F., 15 Aug 2009 @ 5:21pm

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?
[ link to this | view in thread ]
Jane, 7 Jan 2010 @ 9:59pm

Re: Did i really send that?!
[ link to this | view in thread ]
Jane, 7 Jan 2010 @ 10:02pm

Re: Did i really send that?!
if you say you didn't send it,they can't prove beyond reasonable doubt, don't ever admit it.How can they prove it, i question it myself?? Anyone no for sure??
[ link to this | view in thread ]
eric, 24 Jul 2010 @ 7:03am

text message
Well I have a question, I wa the subject of a drug sting. I know a littleoff the wall, do not worry they are all my scripts. The cops picked up a friend of mine walking down the street and said she matched a runaway, she is 26. the cops jusmped 1 took her phone 1 her purse other her. Went through the phone and she "I guess sent my wife a text askinh for something. The cops arrestedher for Obbstruction of justice. so she showed them my house where they proceded to enter my back dioor and put a gun tomy 8 month preg wife, she thought we were getting robbed. well they walked upto me and grabed myphone and propped up at my dest . I told him were my scripts were so they wouldn't destroy my house.
PLease lead me in the right direction, Thank you all my long lost friends.
[ link to this | view in thread ]
Anonymous Coward, 10 Apr 2011 @ 9:03am

can please go through the texts and photos of a lost phone or is that protected from the 4th amendment
[ link to this | view in thread ]