Yes and no is the answer depending on the phone and hardware used that you are sending/receiving text messages on. The truth is that SMS which is what you are using when texting is sent through an SMS server (meaning it is kept & backed up) on Verizon's servers locally. The problem with our "service provider" is that we are on CDMA rather than that of a GSM provider here with Verizon Wireless. With GSM carriers you are using different variation of the hardware which is much easier to control or hack if you will into gaining access to the phone or devices operating system and software installed. With VZN all of the applications and software you see is quite private and difficult to get into or hack. On a GSM phone you can simply remove the SIM card and use a compliant reader to then tap into the contents of the resident files stored on the SIM card such as text or SMS entries. Since many here are likely using the CDMA phones that Verizon sells you are most likely out of luck unless you use the subpeona to the company to retreive the data from their servers. As I cannot speak for each and every variation of device and it's technical information on each I can only say that if there is a BIN or other temporary file of some sort that is created and stored locally on the CDMA phone that technically unless overwritten it still does exist just as with a SIM card likely, however this would mean that you would need to download the drivers to your device directly to a PC and after connecting with a USB or data cable need to then be able to access the operating system of the phone and/or hack it to access this section of the phones resident storage where it is located. I wouldn't say anything is impossible with such devices we have, but rather that it is all information that is very well kept as secret as possible by Verizon to protect their own business interests. Although I personally do not agree with all of this it is why with many GSM companies you pay the purchase price up front of a much more expensive phone, while here you are getting it next to free and it is added into your monthly purchase of service...so you are still paying for the phone etc. Perhaps one day Verizon will move away from the restrictive constraints of CDMA and locking us out of controlling of things with their operating systems, but I wouldn't count on it as even many GSM providers are getting more difficult with their software and the abililty to hack in and modify or check things on our equipment. I hope this has given at least a little information, but as for myself I came here looking for information on the subpeona process to get the ball moving. I'm not a fan of people using our technology to lie, cheat, or steal and half of them don't have the brains to know how much of what is discussed above is or works...so subpeona them and make it legal and a battle they will end up paying the price for when it is over I say if need be! If you happen to already have went through this process, please e-mail me or post to my thread i will be putting up for "subpeona to retreive data" if you could help me in any way with this process. Thanks and best of luck!
In leaving I will also say that per different sources I have found many online informing that the data on these servers we need is kept resident and backed up for a period up to 5 years time, so much of what people need to access is there with Verizon if this is the case!
Does anyone have a sample subpeona to retreive data, know the process or cost? Thanks.
I got this information from--->Subpoenas
Who can issue a subpoena? ONLY the Court Administrator or an attorney can issue a subpoena. If you are representing yourself (pro se) and you want to get a subpoena, talk to your court administrator.
How do you get a subpoena?
Usually, you will need the following information:
- court file number
- names of parties in the case
- name of person requesting subpoena(s) with their phone number
- purpose of the subpoena:
- witness to appear at hearing/trial or deposition with the date and time
- production of documents
- a copy of the Notice of Taking Deposition and proof of service on all parties in the case
- name of assigned Judge (if known)
- number of subpoenas you need
- subpoena fee
(if you cannot afford to pay the fee, you may qualify for a fee waiver)