Canadian police need wiretap warrant to search text messages, court says

Source: RT News

Canadian police must now obtain a warrant order in order to access an individual’s mobile text messages. A warrant order, also called a wiretap order, is a higher standard than the general warrant law enforcement had previously claimed was sufficient.

The Supreme Court of Canada ruled 5-2 in favor of wireless provider Telus, which generally logs electronic copies of conversations between subscribers and keeps thе information in a database for 30 days. The majority agreed that text messaging is similar to voice conversation in every way except for delivery method.

The ruling comes as the result of an investigation in Owen Sound, Ontario where police obtained a general warrant for “any stored text messages sent or received by two Telus subscribers” under sections 487.01 and 487.02 of Canadian Criminal Code.

“Text messaging is, in essence, an electronic conversation,” wrote Supreme Court Justice Rosalie Silberman Abella. “Technical differences inherent in new technology should not determine the scope of protection afforded to private communication…The distinction should not take text messages outside the protection to which private communications are entitled.”

Read more: http://rt.com/news/text-messages-court-canada-961/