Monday, October 10, 2011
How Do You Get Data From Cell Phone Companies in E-Discovery?
http://ow.ly/6SAjb
Article by Sharon D. Nelson, Esq. on her blog Ride the Lightning.
This article discusses the difficulty involved in obtaining cell phone information in civil litigation. Subpoenas can obtain certain information regarding use, but content will not be disclosed by third-party providers due to the applicability of the Stored Communications Act. However, as the author points out, "...you may find what you're looking for on the opposing party's phone - or, if they sync to a computer, on the computer in the backup files. Where content is involved, you'll need to go the user - exactly as you must do when you want the content of social media sites."
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