ECPA Data at Rest and In Transport - No way to enforce law

Scenario One 

A women text a man she had a friendship with and it has ended abruptly.  He has a girlfriend, he now lives with.  

• The former friend has a problem and needs the headset he accidentally broke and text him to see if he plans to replace them.  
• The person text has his phone in his possession and the girlfriend is not near.  

Between 3:14 PM and 4:52 PM; a series of messages are exchanged.
The person intended or understood to be responding was the not the person with the phone in their possession.

An application or possession of the phone, by others allows the exchange violating both persons right to privacy and impersonation.    

 

An unknown person enters into a text exchange with two people, the person on the left knows the woman doing the impersonation

Apparently, the new girlfriend has a spy app and despite they are just starting their new relationship is looking for a way out.

The old friend suddenly realizes the exchange is not like the person she knows. 

Suddenly, the intended person realizes what's happened but he has his phone and she's not around.

Scenario Two

A few hours later, it shift from the target person, now impersonating the sender on the original thread. 

Neither the sender, nor the target have authorized anyone to spy on their communications.  The problem, the person spying has most likely paid to have an a way to invade both persons privacy despite the National laws.  Certainly, neither has granted anyone the right to impersonate them.