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Is a text message more like an email or a telephone conversation? Does it makes a difference if the text message is intercepted, or if it is read after it has already been delivered to the recipient? The principle that appears to be emerging now, according to the B.C. Court of Appeal, is that individuals can reasonably expect that police will not search their text messages without prior authorization, however all levels of courts continue to struggle with a determination of this issue.
Relatively recent advances in technology and surveillance powers raise new questions about expectations of privacy that an individual may have in regards to that technology. For example, courts hav…

Source: The Court » Blog Archive » BC Court of Appeal Upholds a Reasonable Expectation of Privacy in a Text Message: R v Pelucco

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