Texting is now woven into the very fabric of an individual’s life, yet most government agencies still have not gotten the message. Modern communication is dominated by text messages. A text message has been used as evidence in cases of ethics violations against politicians and other public figures. In criminal cases, texts can also be extremely damaging. Cell phone communications can have a major impact on criminal convictions.
More recently, text messages played a role in the impeachment of Donald Trump. BBC News reports that Kurt Volker, the former U.S. special envoy to Ukraine, submitted a trove of text messages and other communications to Congress in October 2019.
Governor Ricardo Rosselló resigns in wake of the text message scandal. Over 900 pages of private conversations between Rosselló and members of his inner circle were published by the Puerto Rico Center for Investigative Journalism. Telegram messages ridiculed numerous politicians, journalists, and celebrities in a scandal called “RickyLeaks,” after the governor’s nickname. The messages were sent in December 2018 and January 2019
The advancements in communication technology have indeed made it imperative for organizations to have a system for capturing mobile text that will not compromise their operational efficiency or data security. Being proactive in capturing all your employees’ text messages – as well as voice calls, emails, chats – across all mobile platforms is the first step towards a more efficient records management, and ultimately a more efficient eDiscovery process.
Text messages have played a significant role in several criminal cases. In each case, the prosecution sought to use text messages as evidence to support the charges against the defendant. When obtained, they are very damaging. Phone calls and text messages played a significant role in the criminal case of former NFL player Aaron Hernandez where phone call records and texts messages were incriminating.
It might be argued that sending text messages intrudes on privacy. The reality is that text messages are being used as evidence in court more and more often. Text messages can be used in court as evidence and it is possible to convict a crime based on text messages.
Text messages need to be carefully documented and printed for court, mediation, or legal proceedings. In October 2019, Kurt Volker, the former U.S. special envoy to Ukraine, “turned over a trove of text messages and other communications” to Congress, according to BBC News.
Failure to preserve ESIs can result in the government agency suffering significant sanctions from the ruling court. Under amended Rule 37(e), the court may impose sanctions on an offending party for failing to preserve ESI. Court Sanctions Defendant for Failure to Preserve Text Messages in Copyright Infringement Suit Brought by Prince’s Estate.
To reduce organizational risks, all public electronic records must be monitored and archived. This will ensure compliance and save your firm from risks. Government agencies can ensure timely, complete responses to records request only by capturing archiving mobile communication.
There may be cases in which text messages are admissible as hearsay evidence, but it will depend on the individual facts of each case. Text messaging leaves an electronic record of dialogue that can be entered as evidence in court.
In 2006, the U.S. Supreme Court’s amendments to the Federal Rules of Civil Procedure created a category for electronic records that, for the first time, explicitly named emails and instant message chats as likely records to be archived and produced when relevant.
In 2016, the US District Court for the Western District of North Carolina also noted that even text messages are part of the obligation to preserve electronically stored information (ESI), meaning that in essence, all text messages that are relevant to the litigation must be discoverable upon request
Former Detroit mayor Kwame Kilpatrick was involved in a serious text messaging scandal in 2008. The former mayor fired staff members in violation of whistleblower law and lied in a 2003 civil lawsuit in which the former employers filed charges against Kilpatrick.
Recent headlines rose when A WhatsApp message has gone viral. The article claims that the Indian government monitors all forms of online and telephone communication, and asks people not to forward political or religious messages.
Text messages are being used as evidence in millions of legal cases each year, as well as by lawyers for discovery. Text messages are often thought to be private, and users can communicate anything they want in a text message. However, this is not necessarily the case. A search warrant can be obtained by police to obtain messages. Litigants or judges can subpoena text messages in court if they are relevant to a case.
As text messaging and messaging apps have become one of the most popular forms of communication, the need to document and preserve text messages for evidence in court has increased dramatically. Implementing a comprehensive archiving system will greatly increase efficiency and transparency for government organizations. Delays put organizations at risk of being unresponsive to public records requests and e-discovery requests. As a result, they may damage the agency’s reputation while paying out costly penalties for noncompliance.
Messages sent via text must be archived with other electronic communications, such as emails, social media, websites, instant messages, and cloud-based collaboration platforms. Government leaders, legal teams, and open records managers should invest in a comprehensive information technology platform that will allow them to store and review all digital records in one place.
About TeleMessage
TeleMessage captures and retains mobile content, including mobile SMS messages, voice calls, and WhatsApp, and WeChat conversations from corporate or BYOD mobile phones to ensure compliance with various data protection regulations. The messages are securely and reliably retained within TeleMessage servers or forwarded to your choice of archiving data storage vendor.
Our mobile archiving products securely record content from mobile carriers and mobile devices for various ownership models (BYOD, CYOD, and employer-issued). With our multiple archiving solutions, you can always find the right tools or blend for your requirements:
- Network Archiver
- Enterprise Number Archiver
- Android Archiver
- WhatsApp Archiver
- WeChat Archiver
- Signal Archiver
- Telegram Archiver
TeleMessage offers cross-carrier and international mobile text & calls archiving for corporate and BYOD phones. Visit our website at www.telemessage.com to learn more about our mobile archiving products.