I get calls often asking whether I could help a client obtain phone records. Specifically, what prompts this article is that I had a client inquiring whether a private investigator could collect text messages between two people deciding to hire him for a C-level management role.
Can a private investigator get phone records? Are text messages obtainable? The answer is simple; it is illegal for any person to pretext a telephone company to gather phone data. It is illegal to surreptitiously intercept any telephonic communications. There are strict Federal laws and these include private investigators who may not illegally get phone or text message records from any carrier.
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Why You Are Reading This
It is likely you are reading this for the same two reasons thousands of people have read this article. The first reason is perhaps you are wondering if you can find someone's text or phone records, or if you could hire a private investigator to do so. The second reason is that you may be curious on how you can protect your communications from data brokers, governments, and those pesky private detectives.
Read on to understand both matters more clearly.
PHONE RECORDS AND TEXT MESSAGES
We can easily understand that text messages are part of a phone record since text messages will most commonly derive from a mobile device such as a cell phone.
Phone records may include the phone number of the caller and the person called, the date, time, and perhaps the IP address of the caller. Phone records will also contain data from which switch the call originated in hard-wired phones (do those exist anymore?) And in the case of the mobile phone, the metadata will contain the cell phone towers the user used to make the calls.
What is an SMS Text?
SMS is known as Short Messaging Service–text messages.
Text messages will contain much of the same content:
The sender's phone number
The recipient's phone number
The time of the text
The date of the text
The location of the person sending
And in some cases, mobile providers keep the content of the text
As you are probably aware, most text messages are constrained to 160 characters or less.
I am not sure if this is true, but I understand that the man who invented this technique used postcards as a sample. He randomly sampled many handwritten postcards to find that most messages were 160 or fewer characters.
Multi-Media Service (MMS) messages can have up to 1600 characters.
If you use iPhone to iPhone messaging, then you have unlimited characters.
I'm sure there is a lot more to say about the history of SMS, but this article aims to help you understand how it all relates to private investigators and whether they can obtain phone records and text messages.
How Long Are My Text Messages Retained?
Text messages are retained by some carriers, each with different retention periods.
Text messages get stored in the carriers' data centers in various locations in the United States.
As we can see from the data collected by the ACLU in 2011, every carrier has different data retention policies.
Now, mind you, 2011 was when this critical information came to light, and companies have merged and changed. We use this as an understanding, not as the current rules, as there is no current data without making a lot of requests as the ACLU has done.
This report by the ACLU shares the following information: (2011)
A lot of metadata gets collected by carriers
Verizon appears to be the most intrusive data collector
Sprint, AT&T, and T-Mobile did not keep the contents of text messages
Call detail records can be held for one year to seven years.
Text message metadata for one year to seven years, depending upon the carrier.
There is much to say about private investigators, cell phone records, texting, and law enforcement's increased ability to track people locally, but we will save that for another time.
What Is Pretexting by Private Investigators?
First, let me dispel a myth about private detectives getting mobile phone data. Private investigators do not have a backdoor into the mobile phone carriers' databases. The idea that a detective can hack into carrier source information is perpetuated on television and in movies, but simply not true.
No private investigator can access the data directly unless they pretext.
You can define pretexting as pretending to be someone you are not, and eliciting information on the account in which you are pretexting. Pretexting is an art and a science. It is also called social engineering, or one aspect of it, at least.
The Federal Communications Commission has pretexting regulations. Pretexting is fraud because the private investigator is obtaining personal information fraudulently.
President Bush signed the Telephone Records and Privacy Protection Act of 2006. In part, a person who illegally obtains phone records, specifically via pretexting, can be sentenced to 10 years in prison—a pretty stiff penalty.
Prison time is an apparent reason private investigators don't illegally pretext to obtain information. Especially in light of the whole scandal involving HP and the private investigators they hired and subsequently broke the law. You can read about the HP debacle here.
Warrant and Subpoenas Explained
Warrants and subpoenas are both directives from the court.
The most common subpoena orders someone to appear before the court to testify. Lawyers can issue subpoenas.
Warrants are used by law enforcement and give them a specific authority in a matter. A warrant is issued when it is something law enforcement needs court approval to do.
There is a lot more to say on warrants and subpoenas but let's move on to how that applies to phone records.
Private Investigators Cannot Get Warrants or Subpoenas
Since a private investigator cannot legally obtain a subpoena (lawyer) or a warrant (law enforcement), this is not an option to acquire any cell phone records.
Text records are the same since they are telecommunication and cannot be intercepted by a private investigator or anyone else or obtained from the carriers.
The Laws on Telecommunications Interception (USA)
Intercepting wire and electronic communications (including text messages and phone records) is a federal offense. It falls under the 13 statutes found in 18 U.S. Code Chapter 119.
18 U.S. Code Section 2510 – Definitions
18 U.S. Code section 2511 – Interception and disclosure of wire, oral, or electronic communications prohibited
18 U.S. Code section 2512 – Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited
18 U.S. Code section 2513 – Confiscation of wire, oral, or electronic communication intercepting devices
18 U.S. Code section 2514 – Repealed. Pub. L. 91–452, title II, 18 U.S. Code section 227(a), Oct. 15, 1970, 84 Stat. 930]
18 U.S. Code section 2515 – Prohibition of use as evidence of intercepted wire or oral communications
18 U.S. Code section 2516 – Authorization for interception of wire, oral, or electronic communications
18 U.S. Code section 2517 – Authorization for disclosure and use of intercepted wire, oral, or electronic communications
18 U.S. Code section 2518 – Procedure for interception of wire, oral, or electronic communications
18 U.S. Code section 2519 – Reports concerning intercepted wire, oral, or electronic communications
18 U.S. Code section 2520 – Recovery of civil damages authorized
18 U.S. Code section 2521 – Injunction against illegal interception
18 U.S. Code section 2522 – Enforcement of the Communications Assistance for Law Enforcement Act (CALEA)
Please note that 18 U.S. Code section 2522 (CALEA) gives law enforcement broad sweeping rights in intercepting our telecommunications and text messages and identifying our locations quickly.
As you will note, should you read through Title 18, nowhere does it allow a private investigator to intercept any communications.
So, we can end the conversation here, right? Yes and no.
No! A Private Investigator Cannot Get Your Text Records, Unless...
So far, we have established that phone records are private unless you are law enforcement and have a legal reason to access those records. Private investigators have no access to them, legally or illegally.
Phone records and text records are protected by federal law. And unless you want to risk prison time, private investigators should stop eluding to the fact that they can get them. It has put other private investigators in jail.
Cell Phone Forensics May Hold The Answers
Should you legally have a device in your possession, then a qualified computer forensics private investigator may be able to retrieve data from the device.
Qualified private investigation firms with the staff can forensically review any device and find deleted or hidden data. Perhaps the device still has data that can be retrieved that may help prove your case.
When a cyber investigator forensically examines a phone, they are obligated to do two things:
Get as much data off the phone as possible
Preserve the data in a manner that makes it presentable in court and will withstand judge and jury
The forensic investigator does not look to interpret the data. Interpretation may be left to the contracting private investigator or a lawyer.
What Can a Private Investigator Obtain In a Forensic Cell Phone Review?
Suffice it to say, mobile phones contain a considerable portion of everyone's lives. During a forensic evaluation of a cell phone, a private investigator will gather a plethora of actionable intelligence with their digital forensics expert, some of which may be call logs and text messages.
Cell phone GPS locations
Photos
Messaging apps contents
Deleted content
Web browser queries
Incoming calls
Outgoing calls
Text messaging
Often, data can be retrieved from the said device even if the user deleted the information.
What is the process of initiating and conducting a cell phone investigation?
Initiating and conducting a cell phone investigation involves several key steps to ensure legal compliance and accuracy. To begin the process, it is recommended to engage a licensed private investigator, private detective, or private eye specializing in cell phone investigations. These professionals possess the expertise and resources necessary to conduct ethical and legal investigations within the bounds of the law.
Licensed private investigators employ various legitimate methods to access cell phone records, including utilizing databases, networking, personal connections, and employing surveillance techniques where applicable. By relying on these lawful approaches, the information obtained is credible and admissible in court proceedings, enhancing the overall integrity of the investigation.
Cell phone investigations can be instrumental, especially in legal matters involving criminal accusations. Technologies such as GPS tracking, mobile apps, and cell tower triangulation play a crucial role in establishing an individual's location during specific instances. This data can be pivotal in verifying alibis, corroborating witness testimonies, and providing detailed information on an individual's whereabouts at specific times. Overall, the process of initiating and conducting a cell phone investigation involves careful consideration of legal and ethical practices to ensure that the collected evidence is reliable, admissible in court, and aids in establishing critical details pertaining to the investigation.
How can cell phone tracking technologies provide crucial evidence in legal proceedings?
During a forensic evaluation of a cell phone, a private investigator will gather a plethora of actionable intelligence with their digital forensics expert, some of which may be call logs and text messages. Cell phone GPS locations, photos, messaging apps contents, deleted content, web browser queries, incoming calls, outgoing calls, text messaging.
Often, data can be retrieved from the said device even if the user deleted the information. These digital footprints can play a crucial role in legal proceedings by providing concrete evidence of an individual's activities and interactions. By analyzing call logs, text messages, GPS locations, and other data, investigators can establish timelines, verify alibis, and corroborate witness testimonies.
The comprehensive nature of the information obtained from cell phone tracking technologies can significantly bolster legal cases and contribute to a more thorough understanding of the events in question.
How does cell phone tracking technology provide a specific day and timeframe for an individual's whereabouts in legal proceedings?
Cell phone tracking technology can pinpoint an individual's location at a specific time, offering concrete evidence of their presence or absence during critical moments. This data can be used to establish a precise day and timeframe for an individual's whereabouts in legal proceedings, aiding in the verification of alibis or witness testimonies.
In what ways can this information be instrumental in establishing alibis or corroborating witness testimonies?
The information obtained from cell phone tracking technologies can help establish alibis by providing a detailed record of an individual's movements, corroborating their presence or absence at a particular location during a specific timeframe.
How can cell phone tracking technologies like GPS, apps, and cell tower triangulation provide crucial evidence of an individual's location at specific times?
Cell phone tracking technologies such as GPS, apps, and cell tower triangulation can track and record an individual's precise location data, offering crucial evidence of their whereabouts at specific times.
What are the valuable insights that can be gained from analyzing cell phone data?
Analyzing cell phone data can offer a wealth of valuable insights for investigators. By examining the information stored within cell phones, analysts can reveal crucial evidence, establish links between individuals, and gain a comprehensive understanding of a person's behaviors, communications, and relationships.
This investigative approach has proven to be essential in resolving criminal cases, detecti