But if you were subpoenaed to produce evidence, why would any of those be more "private" than the others? I don't think anything you mentioned is above being subpoenaed.
I'm not asking what's the safest of all possible choices! I'm asking about those three specific choices.
Well, WhatsApp is texting. It is just a specific texting app.
I'm just asking about normal texting, not somebody trying to do things as clandestine as possible.
Look, everyone, don't try reading too much into it. I'm not asking for help evading the law, I'm asking a simple question: what is the most private of the three in terms of the law?
But if you were subpoenaed to produce evidence, why would any of those be more "private" than the others? I don't think anything you mentioned is above being subpoenaed.
But are they all equally vulnerable to subpoena? Are they all equally difficult to get a court order from a judge for surveillance purposes?
But if you were subpoenaed to produce evidence, why would any of those be more "private" than the others? I don't think anything you mentioned is above being subpoenaed.
But are they all equally vulnerable to subpoena? Are they all equally difficult to get a court order from a judge for surveillance purposes?
If a judge determines the documents are relevant to a pending case and subpoenas them, I'm pretty sure it doesn't matter where you stored them. There is so safe place to store documents that a court can't or won't touch.
This is one of the problems as a writer doing research in the digital age. Years ago I had an idea for a movie in which Robert Kraft hires a sort of "A-team" to steal back his Super Bowl ring from Putin. So I started doing research, googling things about the Kremlin and the location of the museum in the Kremlin (where Putin claimed the ring was kept) and it began to occur to me that I was doing the kind of research that might get me flagged by the NSA. from The Big Bang Theory - ( New Window )
as of 2014 (so it could have changed) only Verizon stores text message content, so assuming in your story the ISP is not Verizon then text message is the most private.
they'll all have the details of the text (who it went to, what time, what time it was received, etc.) but not the content, only Verizon would have the content of text messages.
Is it equally easy (or difficult) for law enforcement...
...to gain a subpoena or a court order for surveillance from a judge? I'm not asking if any of them are fool proof. Are they all equally vulnerable in a court of law or is it more difficult for law enforcement to gain legal access to a Facebook message compared to an email or a text?
RE: Is it equally easy (or difficult) for law enforcement...
...to gain a subpoena or a court order for surveillance from a judge? I'm not asking if any of them are fool proof. Are they all equally vulnerable in a court of law or is it more difficult for law enforcement to gain legal access to a Facebook message compared to an email or a text?
I'm no lawyer, but I'd imagine that is a judge's decision, I don't think it's up to the app provider or ISP, I'd imagine if there were probable cause, they could all be equally easily subpoenaed.
In other words I can't see a subpoena being approved for cell data or gmail but not facebook messenger. If the justification is there for one, seems it would probably be for the others.
I'm also not a lawyer, but a quick Google search tells me:
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I'm not asking what's the safest of all possible choices! I'm asking about those three specific choices.
Well, WhatsApp is texting. It is just a specific texting app.
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In comment 13794899 Moondawg said:
Quote:
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I'm not asking what's the safest of all possible choices! I'm asking about those three specific choices.
Well, WhatsApp is texting. It is just a specific texting app.
Look, everyone, don't try reading too much into it. I'm not asking for help evading the law, I'm asking a simple question: what is the most private of the three in terms of the law?
so I'm not sure any is really more private than the others. If a hacker were inclined or records subpoenaed all three could probably be retrieved.
If anything I'd say email if the user has do not leave a copy of the message on the server, but I'd still imagine a copy of it exists somewhere.
Quote:
But if you were subpoenaed to produce evidence, why would any of those be more "private" than the others? I don't think anything you mentioned is above being subpoenaed.
But are they all equally vulnerable to subpoena? Are they all equally difficult to get a court order from a judge for surveillance purposes?
If a judge determines the documents are relevant to a pending case and subpoenas them, I'm pretty sure it doesn't matter where you stored them. There is so safe place to store documents that a court can't or won't touch.
Or use a disposable phone for the text
from The Big Bang Theory - ( New Window )
they'll all have the details of the text (who it went to, what time, what time it was received, etc.) but not the content, only Verizon would have the content of text messages.
I'm no lawyer, but I'd imagine that is a judge's decision, I don't think it's up to the app provider or ISP, I'd imagine if there were probable cause, they could all be equally easily subpoenaed.
In other words I can't see a subpoena being approved for cell data or gmail but not facebook messenger. If the justification is there for one, seems it would probably be for the others.
They can subpoena the records themselves (meta data, time/date, etc) but not the actual content.