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