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Friday, December 14, 2012

Privacy: Cell Phone Not Protected From Search

A Federal Court of Appeals has ruled that data stored on a cell is not protected from a governmental search and inspection. Over the last few years the privacy of e-mail was called into question, however the now the permitter of permitted inspection has expanded to include the data store of cell phones, whether it be photos or text.

"We conclude that the Stored Communications Act, which prohibits accessing without authorization a facility through which an electronic communication service is provided and thereby obtaining access to an electronic communication while it is in electronic storage, does not apply to data stored in a personal cell phone."

Fannie Garcia v City of Orlando (No. 11-41118) (5th Cir 2012) Decided 12/12/12

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