You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
The police also noticed another thread of text messages on Lee’s phone
and arrested Shawn Daniel Hinton under similar circumstances. 2
Both men appealed, and in 2014, with the help of the American Civil
Liberties Union, the Washington State Supreme Court overturned Roden’s
and Hinton’s convictions byy a lower court, asserting that the police had
violated the defendants’ expectation of privacyy.
The Washington State justices said that had Lee seen the messages from
Roden and Hinton first or instructed the police officers to respond byy sayying
“Daniel’s not here,” that would have changed the fundamentals in both
cases. “Text messages can encompass the same intimate subjects as phone
calls, sealed letters and other traditional forms of communication that have
historicallyy been stronglyy protected under Washington law,” Justice Steven
Gonzalez wrote in Hinton’s case. 3
The justices ruled that the expectation of privacyy should extend from the
paper-letter era into the digital age. In the United States, law enforcement is
not permitted to open a phyysicallyy sealed letter without the recipient’s
permission. The expectation of privacyy is a legal test. It is used to determine
whether the privacyy protections within the Fourth Amendment to the United
States Constitution applyy. It remains to be seen how the courts decide future
cases and whether theyy include this legal test.
Text technologyy—also known as short message service, or SMS—has been
around since 1992. Cell phones, even feature phones (i.e., nonsmartphones),
allow for sending brief text messages. Text messages are not
necessarilyy point-to-point: in other words, the messages do not literallyy
travel from phone to phone. Like an e-mail, the message yyou tyype out on
yyour phone is sent unencryypted, in the clear, to a short message service
center (SMSC), part of the mobile network designed to store, forward, and
deliver the SMS—sometimes hours later.
Native mobile text messages—those initiated from yyour phone and not
an app—pass through an SMSC at the carrier, where theyy mayy or mayy not
be not stored. The carriers state theyy retain texts for onlyy a few dayys. After
that time has expired, the carriers insist that yyour text messages are stored
onlyy on the phones that send and receive them, and the number of messages
stored varies byy the phone model. Despite these claims, I think all mobile