Castanet Poll - should text messages remain private?

[dle]

No, I don't think they are any different than mailing a letter. Once you drop it in the box it becomes the property of the person it is addressed to and they can do whatever they want with it. So, once you press "send" on your text it doesn't belong to you anymore either.

Word to the wise: If you wouldn't be comfy with what you are about to text winding up in the hands of the police, on the front page of the newspaper, or in your Grandma's mail etc DON'T SEND IT!

[maryjane48]

No, I don't think they are any different than mailing a letter. Once you drop it in the box it becomes the property of the person it is addressed to and they can do whatever they want with it. So, once you press "send" on your text it doesn't belong to you anymore either.

Word to the wise: If you wouldn't be comfy with what you are about to text winding up in the hands of the police, on the front page of the newspaper, or in your Grandma's mail etc DON'T SEND IT!

Scoc already ruled so its moot now,

[Fancy]

In a potentially significant ruling, the Supreme Court of Canada says in most cases, we can expect text messages we send to remain private, even after they reach their destination.

The justices have set aside the firearms conviction of a Toronto man, who was found guilty in part due to text messages police found on the mobile phone of an alleged accomplice.

The court says Nour Marakah had a right to challenge the police search of the phone as a violation of his Charter Rights.

https://www.castanet.net/edition/news-story--11-.htm

[Fancy]

Scoc already ruled so its moot now,

Where in the decision implies it's "moot now"? The Supreme Court ruled on a specific case - not on whether all text messages are to remain private. I haven't read it but the article said "in most cases" so clearly not all.

In a 5-2 ruling, the majority of justices found Nour Marakah had a reasonable expectation of privacy in the messages sent to his accomplice, and that the texts used as evidence to convict him violate his charter right to be protected against unreasonable search or seizure.

But Chief Justice Beverley McLachlin said that privacy expectation is not automatic, and must be assessed in "the totality of the circumstances."

In this case, Marakah had made several requests for the text messages to be deleted from his accomplice's iPhone.

http://www.cbc.ca/news/politics/supreme ... -1.4437469

[Ken7]

Well said Fancy. Just as the POLL question asks, that is pretty broad to answer yes, no or other.

I would suggest and agree the Police should not have the write nor should Canada Customs have the write to go through your cell phone messages. I do personally feel that is a unlawful search.

Now if I send you a text message and you feel it is a threat or maybe you just don't go with the flow and do now wish to conspire with me on a criminal activity, then I say it's a open book if you wish to share it with law enforcement, it is your phone and message.

However in saying that in order for the Police to be privileged and be able to utilize my comments to you I think there must be a search warrant for a lawful search.

Now in saying what I have this does not make me guilty of anything.

Why I say this and I believe there is already case law on it, how can one prove I made the TEXT?

This is the problem at this time and so therefore searching a cell phone and it's content there are too many flaws in suggesting the holder of the phone is accountable for it's content. I could have lent my phone to a friend, he / she may have created a hill of beans by making a comment.

Really no different then a comment made in social media. Although caution, it is a good investigative tool for Police.

If my post seems repetitive of the link Fancy placed, I did not read it prior to commenting.

[maryjane48]

The scoc ruling was clear . If i send a text to a private person i should expect it remain that way . Its social media and such were court might decide its public

[oneh2obabe]

The scoc ruling was clear . If i send a text to a private person i should expect it remain that way . Its social media and such were court might decide its public

You may want it to remain private but according to the SCoC's ruling it's not blanket protection to one and all.

But Chief Justice Beverley McLachlin said that privacy expectation is not automatic, and must be assessed in "the totality of the circumstances."

[Fancy]

The scoc ruling was clear . If i send a text to a private person i should expect it remain that way . Its social media and such were court might decide its public

Another indication you don't read what's posted. The Supreme Court is clear that "privacy expectation is not automatic".
The ruling took into consideration the request to delete private messages - not the expectation all private messages will remain private.