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View Diary: Police Begging Congress For Your Text Messages (8 comments)

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    Murphoney

    is misleading.  The police are not asking to have access to all the text messages sent, they are asking for the phone companies to retain the data for a specified amount of time (2 years) in case they need to subpoena the information.

    Considering how many billions of text messages are sent, this becomes an expensive proposition for the businesses with very little real benefit to anyone.

    A reasonable court would consider this an unreasonable burden on businesses, especially since evidence in a crime can be gathered in many other ways. Since some phone companies already store this data for a few weeks, it might not be unreasonable to request other phone companies do so as well, but for weeks, not years.

    The ability to access data for a few weeks prior to a crime is a reasonable expectation, with appropriate subpoenas and warrants to access it only for the suspect.

    Asking for access to years' worth of data is a fishing expedition.  As Cardinal Richelieu is credited with saying, "If one would give me 6 lines written by the hand of an honest man, I would find something in them to have him hanged."  Today, he would no doubt amend that to "6 text messages".

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    by Noddy on Thu Dec 06, 2012 at 07:12:28 AM PST

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