Don't Press Send: Commonwealth v. Diego Takes Reasonable Expectation of Privacy away from Texters
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VILLANOVA LAW REVIEW ONLINE: TOLLE LEGE CITE:61VILL L REV TOLLELEGEll
DON'T PRESS SEND: COMMONWEALTH V. DIEGO TAKES
REASONABLE EXPECTATION OF PRIVACY AWAY FROM TEXTERS
MARC B. ROBERTSON*
[W]e as human beings, even those of us who in words disclaim the
importance of our own privacy, instinctively understand the profound
importance of it.'
I. You HAVE ONE NEW MESSAGE: AN INTRODUCTION TO THE
PENNSYLVANIA SUPERIOR COURT'S MESSAGE THAT TEXTS ARE
NOT PRIVATE
As presidential candidates Rand Paul and Chris Christie stood on the
debate stage, they sparred over one of the most pressing and contentious matters
facing the United States today: the government's invasion of individuals'
privacy rights.2 Christie, a former United States Attorney and strong supporter
of law enforcement, argued for continuing the use of mass surveillance in an
effort to prevent terrorist attacks.3 Paul, a libertarian and staunch opponent of
government surveillance, provided a familiar retort to each of Christie's
comments: Get a warrant!4 The issue these two men were debating was
whether the warnings from George Orwell's dystopian commentary 1984 were
coming true: There was of course no way of knowing whether you were being
watched at any given moment .... You had to live-did live, from habit that
became instinct-in the assumption that every sound you made was overheard,
and, except in darkness, every movement scrutinized.5
* J.D. Candidate, 2017, Villanova University Charles Widger School of Law; B.A.
2012, Villanova University. I would like to thank my family and friends who continue to
support me throughout all my endeavors. I am especially grateful to those who provided
feedback and input in writing this Note. I would also like to thank the Villanova Law Review
and everyone whose work went into publication of this Note.
1. Glenn Greenwald, Why Privacy Matters, TED TALKS (Oct. 7, 2014), transcript
available at
www.ted.com/talks/glenn greenwald why privacy matters/transcript?language=en
[https://perma.cc/UY3W-F5FM] (discussing concerns over privacy issues in wake of Edward
Snowden revealing details about government's mass surveillance programs).
2. See Transcript: Read the Full Text of the Primetime Republican Debate, TIME (Aug.
6, 2015), http://time.com/3988276/republican-debate-primetime-transcript- full-text/
[https://perma.cc/DV85-YNS5] (updated Aug. 11, 2015, 4:30 PM) (responding to question
regarding government surveillance).
3. See id.
4. See id.
5. See GEORGE ORWELL, 1984, at 3 (1st Signet Classic reprt. 1961) (1949). See
generally, Greenwald, supra note 1 (referencing George Orwell's discussion of surveillance
activities of Big Brother in novel 1984). In his recent TED Talk, Mr. Greenwald addresses
the issue of privacy in the wake of revelations by Edward Snowden that the American
government was involved in indiscriminate surveillance. See id. Early in the lecture, he
addresses the argument made by many in support of this surveillance that no real harm []
comes from this large-scale invasion because only people who are engaged in bad acts have a
reason to want to hide and to care about their privacy. See id. Greenwald, however, rebukes
VILLANOVA LAw Rvvivw ONLINE- Toi.iv. Lvc.F.
CITE: 61 VuIL L. RV. TOLLEv LEGEF I11](ViewImageLocal?handle=hein.journals/vlrtoleg61&div=3&collection=&method=preview&ext=.png&size=3)
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Don't Press Send: Commonwealth v. Diego Takes Reasonable Expectation of Privacy away from Texters
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