"Text messages are the new lipstick on the collar, the mislaid credit card bill. Instantaneous and seemingly casual, they can be confirmation of a clandestine affair, a record of the not-so-discreet who sometimes forget that everything digital leaves a footprint.
"This became painfully obvious a week ago when a woman who claims to have had an affair with Tiger Woods told a celebrity publication that he had sent her flirty text messages, some of which were published. It follows on the heels of politicians who ran afoul of text I.Q., including a former Detroit mayor [oh, him!] who went to prison after his steamy text messages to an aide were revealed . . . "
See my earlier post about discovery - how to subpoena ISP providers, phone companies, etc. here.
Lorne Gold did a terrific ICLE seminar recently about Kwame Kilpatrick's test messages and about how family law attorneys can discover and use text messages in a divorce case to prove infidelity, among other things. As for those texting steamy sexually-charged messages? The phrase "serial stupidity" comes to mind . . .
The NY Times article "Text Messages: Digital Lipstick on the Collar" may be read here.