In a recent video hearing for the case Acevedo v. eXp, related to a sexual assault claim, a judge deliberated on whether to grant a protective order that would prevent a forensic examination of eXp founder and chairman Glenn Sanford's cell phone during the discovery process.
The plaintiff argued that Sanford’s right to privacy does not override their request for electronically stored information (ESI) to review metadata. Courtrooms increasingly rely on text message screenshots as evidence, but the authenticity of these screenshots is frequently called into question. In a prior case, Sanford provided screenshots of text messages, but these alone failed to meet evidentiary standards for authenticity.
Sanford submitted screenshots of text message conversations in court, which the plaintiffs argued were insufficient for evidentiary purposes. According to RisMedia, the self-collection method allegedly used by Sanford was inadequate. The US District Court for the Southern District of New York, under Judge Judith Rosenberg, issued a protective order requiring Sanford to collaborate with a digital evidence expert. This ensures that the extraction and verification of text messages from the physical device adhere to strict privacy safeguards.
Forensic analysis plays a pivotal role in ensuring the authenticity of digital evidence. The process retrieves all available data without bias, including potentially deleted content, to present a complete and credible picture of the evidence while respecting privacy concerns.
Forensic investigations rely on cutting-edge tools like Cellebrite and Magnet Forensics GrayKey to extract comprehensive data from mobile devices. This process, known as forensic acquisition, systematically retrieves all available data fields without prefiltering, ensuring that no evidence is overlooked.
The complexity of mobile data storage presents challenges, making exhaustive and unbiased data collection essential to meet evidentiary standards. Forensic analysis goes beyond recovering visible messages by retrieving associated metadata, deleted communications, and other artifacts to provide a complete picture of the evidence.
While forensic investigations are invaluable for uncovering the truth, their intrusive nature raises significant privacy concerns. Judge Rosenberg's protective order aims to strike a balance between maintaining the integrity of the forensic process and safeguarding individual privacy. The order emphasizes responsible handling of sensitive data while ensuring that the evidence presented in court is credible.
Traditional SMS and MMS messages are logged by mobile carriers, generating call detail records (CDRs) that include timestamps, phone numbers, and network information. However, these records do not contain the content of the messages, which is typically deleted shortly after transmission. Internet-based messaging platforms like iMessage, WhatsApp, and Telegram bypass traditional cellular networks, leaving carriers unable to log these communications.
Forensic analysis of physical devices remains the most reliable way to retrieve complete messaging data, including metadata and deleted content, from these platforms. Such detailed analysis ensures that digital evidence can withstand rigorous scrutiny in court.
The eXp Realty case highlights the increasing reliance on advanced digital forensic methods to address the limitations of traditional evidence like screenshots. Comprehensive forensic investigations provide verifiable records, capturing nuanced details that enhance the reliability of evidence.
Courts are increasingly adopting protective orders to balance privacy with evidentiary needs, emphasizing the importance of accurate and trustworthy evidence. This case illustrates how digital forensic methods are evolving to meet the demands of modern legal disputes in an era dominated by technology.
An official release states that the government has blacklisted 'principal entities' behind SMS headers that have been sent over 10,000 fraudulent messages over the past three months as part of a crackdown on SMS scammers. As part of the Sanchar Saathi initiative, the Department of Telecom (DoT) and the Ministry of Home Affairs (MHA) have taken decisive steps to prevent potential SMS fraud, which was launched by the Department of Telecom (DoT).
According to the Indian Cyber Crime Coordination Centre (I4C), eight SMS headers are being misused to send fraudulent messages for committing cybercrime. In the past three months, the Department of Transport has taken down more than 10,000 fraudulent messages sent using eight headers. These messages belong to eight different Principal Entities (PEs).
There is a list of the 8 principal entities listed below, along with the 73 SMS headers they own and the 1522 SMS content templates associated with them. There is no longer any possibility of sending SMS via any telecom operator thanks to DoT's steps, which have prohibited the use of any of these Principal Entities, SMS Headers, or templates.
According to the Indian Cyber Crime Coordination Center, which is under the Ministry of Human Resources, eight SMS headers were misused to send fraudulent communications to commit cybercrime. The term 'principal entity' is commonly used in telecom parlance to refer to business or legal entities that send out commercial messages via SMS to subscribers of mobile operators. Headers can be considered to be alphanumeric strings assigned to a 'principal entity' to send commercial communications.
In addition, DoT has reiterated its commitment to safeguarding citizens against cybercrime by blacklisting these entities to prevent further victimization of citizens. According to the release, “Citizens can report suspected fraud communications at Chakshu facility on Sanchar Saathi to help DoT in preventing cybercrime and financial frauds from being perpetrated by telecom companies.” TRAI has mandated that only registered principal entities can send promotional and marketing messages to mobile consumers as per its mandate.
Following the mandate, all commercial messaging (one-time passwords, promotional messages, account balance updates etc) was required to be moved onto the blockchain-based platform by telecom operators. In the country, the government does not permit telemarketing activities, so mobile numbers cannot be used. Upon the first complaint, consumers may be disqualified from their telephone connection if they use the connection to send promotional messages.
Additionally, they may also be blacklisted for two years with their name and address being blacklisted. You can identify telemarketing calls by their prefixes: 180, 140, and 10-digit numbers cannot be used for telemarketing. You can report spam by dialing 1909, or by using the Do Not Disturb (DND) service.