“An apple a day keeps the Doctor away,” may be getting replaced with an “Apple today keeps the Divorce attorney away!”
Your iPhone is NOT great at keeping secrets. All calls, texts and emails are trackable, if not recoverable. It links to the Cloud and backs up your photographs, even the ones you delete. It knows what apps you have downloaded, it knows when you are sleeping, it knows when you’re awake, it knows when you’ve been good or bad…
So, what can you do? You can upgrade your device. If there is no case pending, no request to preserve evidence, no issued subpoena or a discovery request, you can get rid of it.
What did Nevada Barr do? She “took a cold chisel and a hatchet; I tore it apart; I then took all of the pieces that were inside of it and I put them in the metal box; I burned it by pouring gasoline over it, and I shoveled it into a plastic bag and I dumped it in a bayou.”
Matthew Thompson is a Family Law attorney in Mississippi and does NOT advise the spoliation of evidence, obstruction of justice or Russian collusion, but you can upgrade your cell phone or laptop.
Emails and text messages have helped “do in” more marriages, as far as evidence goes, than any Private Investigator could hope to.
What you think is deleted is NOT. There are recovery programs and computer gurus that, for a fee, can recover that which you think is gone.
Shared emails and shared cell phone plans allow the other person the same access you have. It’s not hacking if it’s a “joint account,” nor is it hacking if you gave them the password, even if it were years ago. It’s not criminal under these circumstances.
Key-stroking software and spyware abound. A program on the computer or your smartphone can send every button typed or your current location.
This is not so much a warning on how to cheat, but rather a warning of knowing your surroundings. Even innocent meetings may be used against you under the right (or wrong) circumstances. Also, communications that you think or intend to be private may well not be private.
Be smart. Be safe. Be secure.
Matthew Thompson is a family law attorney and warns clients to be careful on how they communicate.