this post was submitted on 14 Oct 2023
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Privacy
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I don't have anything particularly useful to your point, but in the US text messages (edit for clarity: SMS messages) are considered public record and nothing is needed to snoop around in them. Call records and recordings at least require a warrant.
That's interesting, wow.
I don't want to imagine the reactions from people who think they're having a "private" green bubble conversation, only to realise it's a public record ๐ณ
If it's not e2e then even if not public it can be purchased with no notification as well.
Good to know!
The term "public record" usually refers to records that a government is required to maintain and make accessible to the public. In most states, I believe SMS messages sent by government employees while conducting official business are considered in-scope (though there may be other laws that make certain messages private).
As far as whether your SMS messages can be accessed by law enforcement without a warrant, it gets more complicated.
Older than 180 days? Fair game. A court or government agency can subpoena your provider without any requirement to notify you, per the Electronic Communications Privacy Act of 1986.
Newer than 180 days? A warrant is required, but there are exceptions. For example, administrative subpoenas are allowed in cases of national security.
Records of incoming/outgoing calls require only a subpoena, same with cell tower geolocation data and IP addresses. However, wiretapping of actual calls requires a warrant.
The reality of how and when the government accesses your data in the real world is probably different than the laws as written, so of course take everything with a grain of salt. The best solution with text messages is at least E2E encryption so that the provider cannot store them. (Accessing messages stored on your device itself does require a warrant).