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Practice Management

: Chuck Newton

9th Circuit Court Of Appeals Upholds Privacy Of Text Messages

By Chuck Newton

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I guess I can sleep a little easier knowing that my devious criminal acts cannot be discovered just because I bothered to text about what I did or am about to do.

All joking aside, this issue of privacy in the Third Wave is very important regardless of how one interprets one's rights in relation to their conduct.  It is important that we protect private communications.

In a landmark ruling the 9th Circuit Court of Appeals in Quon vs. Arch Wireless stated that "users of text messaging services such as those provided by Arch Wireless have a reasonable expectation of privacy in their text messages".

This follows upon the ruling by the 6th Circuit Court of Appeals in Warshak vs. USA, which stated that the 14th Amendment to the Constitution protects email stored with a third party.

Regardless of the fact that the founding fathers never used text messages or email, and regardless of those in our executive branch that wish to take away our personal freedoms, it is important to know that our courts are protecting our rights to live, survive and work in a free society.

Full post as published by Chuck Newton on June 18, 2008 (boomark / email).

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