Have you ever received a robocall on your cell phone? Personally, I get them (and robo-text messages) all the time from my bank, various stores, and the radio. I always assumed it was an annoying fact of life, but as it turns out the Telephone Consumer Protection Act allows me to opt-out of receiving them.
A recent Third Circuit decision allows you to opt-out of these calls, even after expressly consenting to them. To see my full break down of what happened, check out the post I wrote for IT-Lex.
It is unclear, but we will soon find out thanks to two Washington state cases.
Think about it. When was the last time you sent a real letter? It takes a lot of energy to send a letter as opposed to a text message or an email. You need paper, pen, stamp, and envelope. What if you only have one thing to say? Forget about it; just send a text message. And that is what people do. Text messaging is a normal part of everyday communication, especially for the younger generation. It's quick. It's easy. Many people only own cell phones, giving up on the idea of a "house" phone entirely, and regularly use texts to communicate—I happen to be one of those people.
And the average person—as opposed to a lawyer or judge—likely expects that their text messages are reasonably private. At the very least, people generally think of it is a private conversation between themselves and the owner of the cell phone they texted.
On Tuesday, two cases were argued before the Washington State Supreme Court involving the right to privacy in text messages: (1) State v. Hinton and (2) State v. Roden. Both cases involve an officer using a suspected drug dealer's cell phone to text message the defendants and set up drug deals. The defendants moved to suppress the evidence, which the respective courts denied. Now the state supreme court will decide if there is a privacy right in a text message once that text message has been sent to another person's phone.
About this Blog
I was once a licensed attorney (in Washington), but my license is now inactive. I like to geek out about entertainment,
internet, and privacy law. This blog is a place for me to do that. All of the views expressed are my own and should not be considered legal advice.
My personal blog is located under the tab Pax's Page.
Rachel is a typer of words.