The Atlanta Lawyer May 2015 | Page 17

Tech Talk on the desktop computer, can be converted to .pdf (Figure 1). In KakaoTalk, chat data can be exported as a .txt file. If the chat application in question is truly a mobile application or is a cross-platform device that has not been set to automatically synchronize chat activity, then attorneys should determine whether the chat data can be recovered from the mobile device. For some chat applications, this simple process merely requires opening the chat in the application itself and exporting the messages (Figure 2). In other cases, a separate program can be used to recover chat data, which can then be exported in a variety of formats. itself. Although there is some precedent for production of actual mobile devices, it is unknown who would bear the costs to analyze the files. Finally, if the chat data is not available from the mobile device either through the chat application or the system folders, it may be obtainable from the chat application company. “Identify the specific chat applications in question, and determine in this order, whether the chat history data can be obtained from the cross-platform desktop, the mobile device via the chat application, the mobile device via the system folders...” If the chat histories are not available from the chat application itself, either because they have been deleted or were never saved, the data is likely still accessible from a variety of sources. Like computers, smartphones automatically create files that are stored in system folders. These files are not permanently deleted until other files overwrite them. The system files can be accessed from either the smartphone itself or through a desktop computer if the smartphone is connected via USB. However, using either of these methods requires some technical expertise and possibly access to the mobile device The Official News Publication of the Atlanta Bar Association Companies vary on whether and to what extent their servers save user data, and many companies privately keep more information than they have publicly disclosed. Therefore, for must-have chat data, a Rule 45 subpoena should be considered. See footnotes here. May 2015 THE ATLANTA LAWYER 17