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IANAL, but the way I understood ECPA it only really protects communication while in transit, and both stored communications and data disclosed to third parties
by BobbyJo 5y ago
IANAL, but the way I understood ECPA it only really protects communication while in transit, and both stored communications and data disclosed to third parties isn't really protected, depending on the context.
Search history, and Google's analytics about you, are a gray area, because you are communicating with Google, not using Google as a transport layer with an expectation of privacy.
Like, if the FBI asked me for my text messages with person X, I can hand them over if I want since they are my communications, but if they want the texts from my phone company they are legally protected. Using search is like texting Google.
- gnopgnip 5y agoStored communications, data stored electronically is protected as well under the wiretap act. Search history, location history is covered, it requires a warrant.