Do text messages enjoy constitutional protections against unreasonable search and seizure? The Supremes say yes. In their fragmented judgment, three said "yes", two say "yes but", and two said "no because of some technical issues".
1. They really need to start waiting for all nine to show up. Once again, seven justices ruling on an issue with a 3-2-2 split does the jurisprudence no good.
2. This is another example of a judgment that goes on and on, and gets into all sort of technical discussion of what should have been a very basic question, namely whether text messages are protected or not?
3. I am sure this will only lead to more litigation, precisely because of the specific nature Telus had saved their text messages, that there will almost be another appeal when Rogers or Bell face a similar issue.