You may think that the calls and texts you send and receive from your cell phone are yours and private.
While it is clear that the content of such communications is private–absent a court order--data about to whom, from whom, the duration of such calls, and the facts of the text message's transmission, are NOT private.
AT&T just disclosed that it had honored over 300,000 requests for cell phone information from law enforcement agencies in 2013. This does NOT include the number of requests from civil subpoenas, in cases like divorces or child custody cases.
The data that is clearly NOT private (in response to a subpoena) is the occurance (date, time, duration, and to/from what number) of a call, text, or email. Geotags--location information--may be in a different category. Click here to take read an older post, Think Before You Text, about the risks that text messages and e-mails can pose to clients.
So everyone leaves a digital trail of their cell phone usage that CAN show up in a divorce or custody case.
But there is one potential positive of getting the cell phone records: a case of call spoofing previously discussed in a previous News item here.
A story in PCMagazine about AT&T's responses to law enforcement requests is here