A Washington State Appeals court has ruled that police did not violate the State’s privacy law when they busted a man in Longview, WA for buying heroin as a result of a sting they set up via text messages stored on his drug dealer’s iPhone.
Although Washington’s privacy law (RCW 9.73.030) forbids the interception or recording of “private communication transmitted by telephone” without consent of all parties involved; the court ruled that the defendant should have had no expectation of privacy because he knew his messages would be “recorded” (saved) on his drug dealer’s phone.
In a dissenting opinion; one Appeals Court judge wrote that the ruling was “clearly contrary to the legislature’s intent with regard to the law”.
For more information, check out the following stories from Forbes and CNET.
Click on links below for transcript of the Washington State Appeals Court ruling, the state’s privacy law, and one of my recent blog posts on mobile phone privacy issues.