РегистрацияЭто старая редакция страницы Библиотека / Основы / S S D / Данные В Передаче / Вы / S M S-сообщения за 19/03/2009 09:23.
Avoid SMS Text Messages If You Can
Избегайте текстовых сообщений SMS, если можете
Text messaging over your cell phone using SMS can be an incredibly quick and convenient way of communicating short messages, but from a privacy perspective, it poses some serious problems.
First, just like your cell phone conversations, SMS text messages sent to and from your cell phone can easily be intercepted over radio with minimal equipment and without any cooperation from the cell phone provider.
Second, just like with your cell phone conversations, it's unclear whether the Fourth Amendment protects the radio signals that carry your SMS messages against interception. This uncertainty increases the possibility that the government may intercept such communications without a probable cause warrant.
Third, and unlike your cell phone calls, SMS messages are "electronic communications" rather than "wire communications," and therefore aren't protected by the Wiretap Act's exclusionary rule. That means the statute would allow the government to use your messages against you in a criminal case, even if they were intercepted without a wiretap order in violation of the statute.
Finally, although the Wiretap Act clearly does require the government to obtain a wiretap order before intercepting SMS messages, just as with any other "electronic communication," we have heard anecdotal reports of the government intercepting SMS messages without wiretap orders, instead using the much-easier-to-obtain pen/trap orders. These reports are bolstered by known cases where the government has obtained the content of stored SMS messages under the lesser standards reserved for non-content communications records.
Putting all these factors together, we currently consider SMS messages to be highly vulnerable to government wiretapping, and recommend reserving that mode of communication for only the most trivial of communications, if you use it at all. The only exception is if you use encryption to protect your SMS messages. For now, SMS encryption software for cell phones is still quite rare, though you can find information about such software for Java-enabled phones here.
