Photo: Angela Roma

Can the government see your snaps?

It doesn't get them much. All a subpoena will get a law enforcement agency is access to your basic account info: your account name, email address, phone number, and when the account was created. If the agency needs more, like a log of previous snapchats, they have to obtain either a state or federal search warrant.

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What makes it attractive at all is the ability of the sender to limit the amount of time the receiver can see the photo, anywhere from one to ten seconds. After that amount of time, the photo is supposedly gone forever. A big story on AL.com at the moment is about the Blount County teacher, Ashley Parkins Pruitt arrested yesterday afternoon, accused of having inappropriate sexual relationships with three high school-aged boys.

Are those photos still around? If they are, does law enforcement have access to them?

The text of the act simply extends citizen protections against wiretaps to the arena of digital communications. Pretty progressive for 1986, I think. The process is a simple subpoena for documentation. It doesn't get them much. All a subpoena will get a law enforcement agency is access to your basic account info: your account name, email address, phone number, and when the account was created. If the agency needs more, like a log of previous snapchats, they have to obtain either a state or federal search warrant. The log is only meta-data - data about the data of the messages - not the actual content of the messages. The actual content of the Snapchats are much less likely to be available to law enforcement. This is because, true to their words, the content of the Snapchats, the actual pictures, are deleted from the Snapchat servers as soon as both parties have seen the content. The exception to this rule is if the receiving party has not opened that particular chat and seen the content. In that case, the chat is wiped from their servers 30 days after sending.

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These emergency requests are handled very carefully and are only granted when and if someone is in immediate danger. We've talked about this kind of model before. It's what's called a commitment device. Both Apple and Android have recently instituted similar plans for the way they handle customer data.

But what about The Snappening?

These third party apps are sketchy, at best, and may offer no privacy protections at all, from law enforcement or otherwise. Furthermore, keep in mind that the receiver of any message you send has the ability to screenshot the Snapchat while it is still being viewed. In this case, the picture resides on the phone of whomever you sent it to and is available to law enforcement for search, just like anything else the person in question may be carrying. Snapchat will not willfully hand over content to law enforcement, but they can only guarantee and protect what is actually in their servers. Everything else is pretty much fair game.

Your best bet is to not send illicit things across the internet.

#bhamtech

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