Is Texting Dangerous to Your Divorce?

It’s apparent from recent studies that texting and facebook entries are figuring in legal disputes particularly divorces. If you are having troubles in your relationship, and you use this kind of media to blow off steam, you might want to reconsider that choice. What you find funny may not be that amusing in open court. What you thought as a private communication can be publicized for all to see.

James Pilant

Ken Altshuler: Getting Divorced? Stop Texting and Get Off Facebook

Our most recent survey released this month shows an overwhelming 92 percent of respondents saying that they have seen an increase in the number of cases using evidence taken from iPhones, Droids, and other smart phones during the past three years. In addition, an even larger number of 94 percent have cited an overall rise in the use of text messages as evidence during the same time period.

So what do matrimonial lawyers know that many others are just beginning to recognize? Basically, having evidence in writing is always the most effective proof in demonstrating that someone is being dishonest, contradictory, and lacks credibility. Credibility is the coin of the realm in the world of family law. Once you can effectively question someone’s credibility with their own written statements, then everything else can be doubted about them.

This is why I also strongly caution my clients that any time you put something in writing, automatically assume that a judge will eventually read it. If it’s something that you don’t want a judge to read, then by all means don’t write it. Words are power; they can be used for good or for evil. Think and be careful before you write anything, because it can go beyond the intended audiences and undermine you in ways you never even imagined.

Ken Altshuler: Getting Divorced? Stop Texting and Get Off Facebook

Girl falls texting on live news

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Big Brother = Carrier IQ?

English: Al Franken, Senator from Minnesota

Image via Wikipedia

When you use Android  and Carrier IQ is running in the background on your phone, Carrier IQ is tracking your data – just a little bit of data. All they are getting is the following:

Every text message. Every web search. Every phone number. The user’s location and the URL of all web sites searched!

Now that’s service! You are not just another customer to Carrier IQ. They want to be close to you every moment of every day. I bet they keep a record of the names of your pets.

I suppose I am just some kind of reclusive paranoid because I can’t seem to feel that they are acting in my best interest. In fact, call me crazy, but I just get the impression that they are stealing private information and converting for their own use.

I am pleased that Al Franken is calling them on the carpet for this, but that’s not what I want. I want the Justice Department to investigate and prosecute these people. This is theft, a form of private espionage. Since these phones are used by government agencies, police, fire departments and the military, I would like an explanation as to how that does not violate The Espionage Act and laws governing homeland security. Isn’t this exactly the kind of data, another country would crave?

James Pilant

Al Franken Calls On Carrier IQ To Explain Mobile Tracking Software

Earlier this week, security researcher Trevor Eckhart posted a video detailing how Carrier IQ’s software — which has the same name — logs every text message, web search and phone number typed on a wide variety of smartphones and reports them to the mobile phone carrier.

The application also logs a user’s location and the URL of websites searched on the phone, even if the user intends to encrypt that data using a URL that begins with “HTTPS,” Eckhart said in the video. The software always runs when Android’s operating system is running and users are unable to stop it.

Al Franken Calls On Carrier IQ To Explain Mobile Tracking Software

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