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SMS should not hold in court with new gadgets

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IF your cell phone is under surveillance, it can be turned off and on remotely and be used to bug the conversation in your room even if you think your cell phone is turned off -- unless you disconnect your battery. All your text messaging can be intercepted and replied to using your cellular registry in the records of your cellular provider. The information in these new surveillance equipment is easily found on the Internet. Most especially because of the new Anti-Terror Law where your cell phone may be legally tapped upon mere suspicion, text messaging should no longer be allowed to hold in Court as evidence. Anyone, for that matter, who can afford a surveillance gadget can put someone in big trouble. The convenience of bringing someone to court with text message evidence must give way to this perversion. If we want to make sure that our justice system will protect everyone against false accusations, then this must be acted upon immediately. SMS should not hold in court.

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[...] Martin B Misa says SMS should not hold in court in Vox [...]----- -------- Read More

11 Comments

but it does hold in court :(

burden of proof only :)

agree

Perhaps Congress must review the rules on electronic evidence to safeguard long-held rights under the Constitution, given the embryonic stage of development of this area in adjective law.

Yes, such gadgets and long time already those for monitoring telephone calls are easy available and not even extreme expensive.
The more funny has been to hear the statements of the military and secret services ranks that wiretapping GMA was not even possible because they did and do not have such gadgets.
The more funny, since GMA has made an excuse about her conversation with Garcilliano and Bunye has shown "the correct and the manipulated
CD's". What correct CD and why apologizing if anyway there never has been any wiretapping possible?
Not to mention that several Secret Servises, esp. the US, maintain big stations all over the world to monitor all calls which go via satellite and that are near all long distance calls everywhere. Computers check randomly for any sequences that could contain messages or codes used by terrorist organizations. Calls are not more safe than any eMail unless it is sophisticated coded. Unfortunately, supercomputers can decode in minutes what 10 years ago would have needed hundred years. And common wireless communication, even "usual" coded, can easy be decoded with not even an high end computer.
For SMS via cellphone,, a countless stolen theft target, the phone should be made in a way that provider or manufacturer can block it, even if the chip is changed. And if the cellphone only works with a code, remotely switching it on would not be enough for misuse. Modern cellphones have so many features, often very senseless ones, that such an importabt security feature would be easy to implement.
It would not only make cellphones less interesting for snatchers, but could even save lives since nowadays robbers easy resort to killing if the victim resists surrendering his or her items.

Yes cell phones can be used to track you. One can even send messages using your mobile phone without you knowing it. Its called SNARFING its done through bluetooth technology.

But turning it on and off... I don't think that's possible yet..

Even if the TELCOs blocks wiretaping it may still be possible accessing your phone through bluetooth.

INSULT TO OFW'S: AN OPEN LETTER TO MALU FERNANDEZ

Dear Ms. Rich and Famous Malu Fernandez

First of all, how nouveau riche can one get? Did you marry rich? Did you suddenly come in to money? Did your parents taught you about respecting others? Your blatant displays of your luxuries and wealth and your comfort with using the word "elitist" to describe yourself alongside the fact that you had reference to "politicians in your family" show that even if you did come from money, you certainly have no class.

It really gets to me that you should complain about the coach seats on your Emirates flight; they ain;t small; it is because you are fat, obese and stout. Maybe you can spare yourself some doughnuts and maybe your travels will be more comfortable...coach or not.

Most importantly; that you would put down OFW's is really DISGUSTING! It makes to sound more vile than what you describe as the scent of our AXE and Charlie cologne while your Jo Malone melted into thin air. Dear, without that perfume, you want to know what you smell like? Like a fat Filipino woman where your smell is probably more putrid than the smell of OFW's like us? For your information, these are hardworking sweat. The kind of sweat that keeps our economy going. We're brave, isn't it? We've seen more than you, felt more than you, and fought more than you. You're just a coddled fat Filipino woman, under all of that cologne, and that branded clothing that makes you feel more important than we are. It also sounds to me that you get to fly Business class when you travel for work, but when you had to pay for your own travels, coach or economy was more affordable. Your tried to hide this by grandiose references to your perfume and your designer wear, didn't you??? Kawawa ka naman!!! You made some mention of having 17kg's of make-up in your handcarry. All the make-up and adornments in the world can't hide how ugly you are inside. You not that goo-looking either. Better yet, go to the gym, eat some fruits so that next time you travel around, you will be comfortably seated on the economy class of any airlines. You wrote that you wanted to slit your wrists because you were stuck in coach with all the OFW's? Well, you should have done that, pabigat ka pa ng eroplano!!! You're act isn't classy. You're not pretentious. You're just some stupid woman, living in a third world country, thinking that because you jetted off to Greece and you wear Jo Malone perfume, you are already something or somebody. I also happen to read things thicker than magazines, these are books that nourished my educational accomplishments. Tell you what, you could do so much more than you think, yet you choose to act like a proper twat. The kind of twat people with no brains laugh at, the world over. I feel ashamed of people like you.

TONY MELOTO OF GAWAD KALINGA IS
THE TRUE LEADER OF IN SPIRIT AND IN
DEED. FRANK PADILLA IS JUST BITTER AND JEALOUS BECAUSE TONY HAS GIVEN
DONE A LOT TO THE POOR AND WAS GIVEN THE MAGSAYSAY AWARD.

This is a non-issue. Anything obtained illegally no matter how damning will never hold in court, regardless of what platform it was taken from.

Case in point is the 'Hello Garci' recording. It's acknowledged that its contents are immoral but on a technicality it is and will never be admissible on any court of Law, mapa-dito o sa ibang bansa na may kaparehong sistema tulad ng atin. Simply because it was obtained without a warrant nor a court order.

I now shudder terribly with the issue for I have sent a lot of similarly bad SMS replies. What if they will just come forward with my replies alone without theirs. My, my. So I should opt for a law that the complainant automatically becomes the respondent for causing all the trouble in the first place.

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