Phone Records/Text Message/Picture Mail Records Subpoena

[AmbienTGS]

What is the name of your state? Maryland

A friend of mine is going through a divorce. His wife is filing for divorce on grounds of adultery. He is not contesting the divorce and similiarly is requesting for a divorce on grounds of abandonment. She has recently filed for a subpoena for all of his mobile phone records/text messages/picture mail content sent and received from his phone since January 2004. Additionally, she is also requesting a subpoena for the same type of records from the supposed "mistress". My questions are as follows: Is it at all possible or likely the court would issue such a subpoena for these records... either his or hers or both? Would they actually be able to obtain such content of text messages and picture mail from 2004 or any at all?

One of the reasons I ask is I talk/text/picture message him all the time as he is one of my best friends. If she were able to obtain these records, the content of my text messages/picture mail would be on there also. Unfortunately, his wife is good friends with my wife. I have no idea what I may or may have not said to him over the past 3 & 1/2 years. I'm afraid that she would obtain these records and show my wife what I have said to him over the years. It may not cause a divorce for me, but I'm sure some things would put me in the dog house.

Anyhow, I am rambling on. However, I was wondering if anyone has had any prior experience with an issue/case/event such as this. Thanks in advance for your help.

[moburkes]

Yes and yes.

Your information is irrelevant.

[AmbienTGS]

Then if they were able to obtain a subpoena for those records, it seems like a lot of people's privacy would be invaded. Not only his, but hers too. Not too mention mine and the countless other people he has spoken/text messaged over the past 3 & 1/2 years. Am I wrong or do the courts not care about privacy regarding this matter?

[moburkes]

Your information will not be subpoena'd.

[AmbienTGS]

Thank you for your answer. So I am under the assumption that if such information is subpoenaed then the only information that would be available to the requestee would be phone calls/text messages/picture mail between the two "supposed" adulterers and no one else. Correct?

[Ohiogal]

Thank you for your answer. So I am under the assumption that if such information is subpoenaed then the only information that would be available to the requestee would be phone calls/text messages/picture mail between the two "supposed" adulterers and no one else. Correct?

Nope. What would be available would be ALL the text messages that his phone number sent and received.

[Silverplum]

[url]http://forum.freeadvice.com/showthread.php?p=1682989#post1682989[/url]

Why is this in a whole new thread???

Keep your stuff in one thread so folks don't have to search out the back story.

[AmbienTGS]

I can't imagine that any mobile phone company would keep CONTENT from text messages for any amount of time greather than a day or two... since I am not involved in their divorce, why would she get access to my text messages to and from her husband? If she got that, I know for a fact she would be making a copy for my wife. That seems like an invasion of my privacy. Would I have any recourse on her for doing so? I can not find any information regarding text messaging content records and mobile phone companies anywhere... and I can't believe this is a unique event in a divorce proceeding.

The only information I have been able to find is that most cell phone companies only keep text message content records for a maximum of 72 hours. Two of them have stated they keep none of it once it is sent and received. I don't care about dates/times/amount of texts, but I don't think anyone should gain access to what I said privately to someone else in a text message.

[AmbienTGS]

[url]http://forum.freeadvice.com/showthread.php?p=1682989#post1682989[/url]

Why is this in a whole new thread???

Keep your stuff in one thread so folks don't have to search out the back story.

True, and I apologize. But this is actually a new development and a slightly different scenario. But again, my apologies.

[Ohiogal]

I can't imagine that any mobile phone company would keep CONTENT from text messages for any amount of time greather than a day or two... since I am not involved in their divorce, why would she get access to my text messages to and from her husband? If she got that, I know for a fact she would be making a copy for my wife. That seems like an invasion of my privacy. Would I have any recourse on her for doing so? I can not find any information regarding text messaging content records and mobile phone companies anywhere... and I can't believe this is a unique event in a divorce proceeding.

The only information I have been able to find is that most cell phone companies only keep text message content records for a maximum of 72 hours. Two of them have stated they keep none of it once it is sent and received. I don't care about dates/times/amount of texts, but I don't think anyone should gain access to what I said privately to someone else in a text message.

Because YOU do not own the text messages he sent or received. They are his for lack of a better word. You gave them to him. He gave them to other people. You own the copies of messages that you sent but once they are received they are for him to do what he wants.

[Silverplum]

I suggest you simply take your medicine. Own whatever mistakes you made. Your wriggling to try to get out of whatever it is you've done is silly. Big Brother Subpoena is comin' for you.

[AmbienTGS]

Nice... well, it doesn't really matter. Its just stupid stuff... nothing major. But I like stuff I do not to be brought out like that. Anyways, called both mobile companies and both say they do not keep content, only dates and times... so it doesn't even matter anyways. I could care less about that.

[Silverplum]

Nice... well, it doesn't really matter. Its just stupid stuff... nothing major. But I like stuff I do not to be brought out like that. Anyways, called both mobile companies and both say they do not keep content, only dates and times... so it doesn't even matter anyways. I could care less about that.

Isn't that what I told you to do a couple of weeks and a couple of threads ago?

[vipers-pit]

Verizon goes back at least 5 months.

[url=http://news.cnet.com/Police-Blotter-Verizon-forced-to-turn-over-text-messages/2100-1030_3-6221503.html]Police Blotter: Verizon forced to turn over text messages - CNET News[/url]

Verizon made no representations that the package produced reflected all text messages sent or received by (301) 325-(XXXX). The government's subpoena requested text message information from June 21, 2007 until the date of Judge Roberts' Order on October 30, 2007. The messages actually produced cover the following dates (all in 2007): June 6, June 12-14, June 17, June 19, July 3-4, and October 23-31. Whether any messages were sent or received on other days during this time period, and if so why Verizon did not produce them, is unclear.

Verizon produced transaction logs for Jackson's e-mail address...The e-mail transaction log indicates the date and time that each e-mail was sent and the e-mail address of the recipient. The pages of the transaction log that Verizon provided contain records of e-mails sent by Jackson between June 11, and July 9, 2007. The log shows 33 e-mails between Jackson and her attorney, Dani Jahn of the Federal Public Defender's Office, between June 13 and July 9, 2007. Verizon did not produce the contents of any of these e-mails....

[Ohiogal]

Then if they were able to obtain a subpoena for those records, it seems like a lot of people's privacy would be invaded. Not only his, but hers too. Not too mention mine and the countless other people he has spoken/text messaged over the past 3 & 1/2 years. Am I wrong or do the courts not care about privacy regarding this matter?

Just where do you think all of these tex messages are stored? Why does anyone believe that EVERY text message is saved by a phone company?