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Can someone legally get your text messages?
Under federal privacy laws, such as the Consumer Telephone Records Protection Act of 2006, your cellphone carrier can’t give you these phone records, even if you own the phone and pay the bill. That’s because these records often show messages sent and received by someone else, and that person has privacy rights.
Can you send text messages without consent?
Without consent, a company does not have the authority to send you messages or make calls to your personal cell phone: any unwanted messaging or calls are considered illegal.
Can someone subpoena my text messages?
Federal law prevents production of these documents without a court order or subpoena. Text message content (what is actually communicated in the text messages) may only be obtained from the provider by a law enforcement officer or prosecutor pursuant to a search warrant in a criminal case or criminal investigation.
Are text messages private property?
While text messages you send to someone else may be private from the cell phone carriers, thanks to this ruling they aren’t considered private once they reach your intended recipient and can be used in court to prosecute you without needing to use a wiretap.
Are text conversations confidential?
With SMS, messages you send are not end-to-end encrypted. Your cellular provider can see the contents of messages you send and receive. Those messages are stored on your cellular provider’s systems—so, instead of a tech company like Facebook seeing your messages, your cellular provider can see your messages.
Can a lawyer pull text messages?
As soon as you become aware that text messages may be relevant in a criminal trial you should issue a subpoena to secure copies of them from the phone company. Therefore, if you wanted to subpoena the content of a text message you would need to issue and serve a subpoena on the day of the text message.
Do text messages hold up in court?
Text messaging leaves an electronic record of dialogue that can be entered as evidence in court. Like other forms of written evidence, text messages must be authenticated in order to be admitted (see this article on admissibility by Steve Good).