Protecting Your Voicemail

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As we explained previously, copies of your communications stored by your phone company such as your voicemail receive very weak legal protection compared to copies of your communications stored in your own home. In particular, after a communication has been stored more than 180 days — or, according to the government's reading of the law, after you've first accessed that stored communication — the government no longer needs to get a warrant before obtaining that communication, and can instead use only a subpoena to the company (usually with no notice to you).

When it comes to your voicemail, this means two things:

• Where possible, use your own answering machine or voicemail system, not the phone company's.
• Where it's not possible to use your own answering machine or voicemail system, such as with your cell phone, you should always delete your voicemails as soon as you listen to them!

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