Police need a wiretap order to seize text messages from your wireless provider, Canada's highest court has ruled.
"Text messaging is, in essence, an electronic conversation. Technical differences inherent in new technology should not determine the scope of protection afforded to private communications," wrote Supreme Court Justice Rosalie Silberman Abella in the reasons for the judgment, which was supported by two judges.
Two other judges agreed in part and in the result, while two remaining judges dissented.
The decision overturns a lower court ruling against Telus Communications that required the company to hand over copies of two of its customers' text messages after it was served with a general warrant by police in Owen Sound, Ont.
Telus had appealed the ruling. The phone provider argued that seizing the messages would constitute "interception" of the communication and would therefore require a wiretap warrant. That is more difficult to get than a general warrant, because of special privacy provisions in the Criminal Code protecting private communications.
Abella said the only practical difference between text messaging and traditional voice communications is the transmission process.
"This distinction should not take text messages outside the protection to which private communications are entitled," she wrote.
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