Divorce in the Digital Age: The Perils of Text Messaging

In the age of digital communications, there now are three sides to every divorce story: His, hers, and what's being stored by the phone company. Reuters reports.

Many people who text often will message their spouse, friends or even a lover with whom they're having an affair, revealing intentions, intimate details and negotiation strategies. Such conversations can become evidence in the mediation or courtroom setting. Yet, hitting "Delete" isn't enough to erase the conversation. The phone company often retains records of text conversations for up to 30 days. In a divorce scenario, those records can be requested or subpoenaed into evidence.

Image from The Chronicle. Related: -- French Courts to Admit Text Messages in Divorce Cases -- SMS as evidence in Polish divorce court permalink (November 4th, 2009)

Woman seeks divorce over nickname on cell phone

Offbeat. A Saudi woman is seeking a divorce after discovering her husband had nicknamed her 'Guantanamo' on his mobile phone's contact list. [via Ananova] permalink (October 21st, 2009)

French Courts to Admit Text Messages in Divorce Cases

Experts say the recent ruling by the top French court — to accept phone exchanges as legitimate proof of adultery — will make it easier for the French to get divorced. The New York Times reports.

Previously, husbands and wives often had to wait for years to escape a marriage if they could not prove that their spouse was misbehaving or mistreating them. The ruling, made in June, was reported by the French media last week. Text messages have long been accepted as official proof in murder and other criminal trials in France, and the new decision extends the practice to family law. E-mail messages are also accepted as evidence in trials.

Related articles on Text Messaging used as evidence in Court permalink (August 25th, 2009)

Shariah court approves SMS divorce

According to Arab News, a Shariah court in Jeddah, Saudi Arabia, has approved the divorce of a young Saudi woman in her 20s whose husband sent her an SMS text from Iraq saying he had divorced her.

The husband, who is in Iraq to participate in what he described as “jihad,” also telephoned two of his friends who witnessed his marriage and told them that he had divorced his wife. ... The judge approved the divorce and told the woman that she did not have to go through the iddah (the post-divorce waiting period stipulated by the Shariah) as the marriage was not consummated.

Click here for related links to divorce pronounced by SMS. permalink (April 9th, 2009)

Divorce by text messaging and e-mail on the rise among Muslim men

A study on "Marriage and divorce amongst Muslim women in India", undertaken by Sahiba Hussain, highlights that more and more men are divorcing via SMS and e-mail. adnkronos Interntional reports.

Where women do not have access to mobile phones or computers, men use landline phones to pronounce the divorce declaration. "From 15 divorces that we looked at in 2008, eight were pronounced via SMS, e-mail and over the phone," said Husssain. The phenomenon is taking place despite a decree by the All-India Muslim Women Personal Law Board’s which forbids men from divorcing by electronic means.

Click here for related links to divorce pronounced by SMS. permalink (February 14th, 2009)

Text Messaging With Ex-Lover Constitutes Cause for Divorce

Who is more to blame for divorce ― a husband who keeps contacting his ex-girlfriend via cell phone text messages, or a wife who monitors the husband's messages every day? The court ruled the husband, according to The Korea Times.

Park broke the trust between husband and wife by not severing relations with his former lover. Shin's monitoring of Park's life was a consequent countermeasure to uncover the husband's extramarital affairs,'' the court said in the ruling.

permalink (November 5th, 2008)

Egypt to Rule on Phone-Message Divorce

Islamic law can make the act of divorce stunningly simple for men, even if the ensuing financial settlements often are not. A husband has only to declare to his wife, "Inti talaq" -- "You are divorced" -- three times, and mean it, to end their marriage. [via The Washington Post] "But technology has introduced a complication that Egyptian religious authorities are now debating in the case of the 25-year-old Cairene, an engineer and an observant Muslim: How should Islamic laws that began to take shape in the 6th century apply to 21st-century text messages? The subject of divorce by SMS has been highly debated across the Muslim world and some Islamic countries like Malaysia have banned the practice." Until Egyptian courts and religious scholars decide the fate of the woman's marriage, she lives apart from the officer with their 4-year-old son, but still wears her wedding ring. She asked that her name not be used to protect her privacy, because such cases are so rare in Egypt. " permalink (January 19th, 2008)

Egyptian woman in legal test of SMS divorce

An Egyptian woman is seeking clarification from a court on whether her husband's declaration of divorce by text message is legally valid, a state-run newpsaper reported on Thursday. The AFP reports. "After missing a call from her husband on her mobile phone, Iqbal Abul Nasr received a text message from him saying "I divorce you because you didn't answer your husband," Al-Akhbar said. It was the third time Abul Nasr, an engineer from Cairo, received a divorce text message from her husband, prompting her to seek a legal decision from the a family court on the status of her marriage. If the court declares the couple divorced, it would be the first reported case of divorce by SMS in Egypt. The subject of divorce by SMS has been highly debated across the Muslim world and some Islamic countries like Malaysia have banned the practice." permalink (January 4th, 2008)

Dubai's Grand Mufti accredits divorce through SMS

Amazingly, divorce by SMS is still going on in Malaysia. According to the Malaysia Sun, Dubai's Grand Mufti, Ahmed al-Haddad, "acknowledging the synergy of technology and tadition, confirmed that a Muslim divorce can be carried out by a text message: 'While some said writing a divorce is equivalent to verbally announcing it, others believe a divorce must be documented by writing and can only be applied when there is intention and when it is read aloud. Divorce through this modern way is not different from using a pen and a paper," he said. Related: -- Debate of SMS Divorce (still) Rages in Malaysia -- Malaysian Senator fined for cell phone divorce -- Indian Women unite against Muslim divorce by SMS -- Malaysian Muslims and divorcing by SMS in the news again -- Divorce by SMS, face a fine: M'sia -- Don't give out divorce papers, departments warned -- Mobile divorce unacceptable, says Malaysia (BBC) permalink (March 2nd, 2007)

Malaysian minister criticizes 'cruel' text message divorces

Muslim husbands who divorce their wives with a text message are cruel, Malaysia's minister for women and family affairs said on Thursday, after the husband of a popular singer claimed divorce by an SMS message, reports Middle East Times. "While a husband has the right to divorce his wife, this should be done in a courteous and dignified manner, befitting the manner they had got married," she was quoted as saying in the newspaper. "New technologies including the SMS should not be misused to send out a divorce declaration," said Shahrizat Abdel Jalil, adding that text divorces could undermine the importance of marriage. Her comments came after a highly publicized court case this week of a popular local singer whose husband divorced her with an SMS. The court ruled that the divorce message that read "I release you", was invalid after the husband reneged on his actions, and that the couple was still legally married. permalink (April 8th, 2006)

Debate of SMS Divorce (still) Rages in Malaysia

Amazing, divorce by SMS is still being debated in Malaysia, according to Islam Online, who writes "several divorce cases have been made through SMS in Malaysia recently". It seems to be admissible if the divorce declared by SMS is verified by the court. Picture left from the BBC. Related: -- Malaysian Senator fined for cell phone divorce -- Malaysian Muslims and divorcing by SMS in the news again --Divorce via SMS, face a fine: M'sia -- Don't give out divorce papers, departments warned -- Mobile divorce unacceptable, says Malaysia (BBC) permalink (February 10th, 2006)

Malaysian Senator fined for cell phone divorce

Malaysia's Islamic court has fined a senator $ 145 for divorcing his wife through cell phone via SMS and voice mail message, reports The Times of India. " The senator, Kamaruddin Ambok, 52, who had resorted to the high-tech style of divorcing five years ago, was given a stern lecture on the sanctity of marriage by judge Zainor Hassin, who fined him for the offence." Picture left from the BBC According to an article in C/Net Asia last August, "Malaysian authorities overturned Islamic Syariah Court's ruling that allows Muslims to end marriages through mobile text messages. Divorce via impersonal channels like SMS, e-mails, letters, faxes and telephone calls will not be validated by the Muslim court." Related articles: -- Malaysian Muslims and divorcing by SMS in the news again --Divorce via SMS, face a fine: M'sia -- Don't give out divorce papers, departments warned -- Mobile divorce unacceptable, says Malaysia (BBC) permalink (January 20th, 2006)

SMS as evidence in divorce court

According to IOL, text messaging are ending up in court as evidence of infidelity in about a third of divorce cases in Poland. "More and more often people are attaching text messages found on their spouse's mobile telephones to their divorce papers," Judge Maria Taront told the Wednesday edition of Poland's Gazeta Wyborcza daily. "Messages like: 'You gave me so much pleasure yesterday', 'I'm waiting for the next night', 'Darling, the alarm is off. she says, adding that faced with such strong evidence cheaters have little possibility to deny infidelity. "This is usually enough to find them responsible for the marriage falling apart," she says. ... If the court is uncertain whether a racy text message is just a joke, judges request billing documents which can reveal telling patterns and the intensity of SMS contact. Related: -- Texting sparks affairs (UK) -- Cell phones exposing more cheating spouses (Singapore) -- Unfaithful Italians betrayed by text messaging -- Text Messaging causes MP divorce in South Africa permalink (January 12th, 2006)

Indian Women unite against Muslim divorce by SMS

Though in Malaysia, authorities overturned Islamic Syariah Court's ruling that allows Muslims to end marriages through mobile text messages since 2003, according to an article in Adnkronos International IOL "divorce among Muslims in India has never been easier thanks to new technology that has enabled men to end their marriages through an SMS or mobile phone text message. Now a group of Muslim women are up in arms against this method of articulating the "triple talaaq", the formal unilateral declaration, repeated three times, with which men declare their divorce from their wives. Sources among the Muslim community in Mumbai have said that representatives from "dozens of women’s associations", have decided to organise a three-day convention in Lucknow, the capital of the state of Uttar Pradesh, on the problems facing women in the world of Islam, including this new method of divorce. The conference is set to begin on Tuesday. permalink (November 21st, 2005)

Rise in divorce blamed on internet and texting

The growth of text messaging and popularity of internet reunion sites were blamed yesterday for a rise in the divorce rate, which is at a seven-year high, reports UK's Independent, at it's highest total since 1996. Nearly four in 10 marriages end in divorce. "Relate, the marriage guidance body, said that about 10 per cent of all its cases were now influenced by the internet. It claims people find it easier to have affairs than before, by using text messages and e-mail." permalink (September 1st, 2004)

Text Messaging causes MP divorce in South Africa

On the tabloid side of SMS, a South African MP is being divorced after a text message meant for his girlfriend went to his wife instead, according to Ananova.

This follows last week's story on text messaging giving away infidelity, which has led to an increase of divorces in Italy.

permalink (September 19th, 2003)

Don't give out divorce papers, departments warned

Hopefully, this is the last we will hear about whether or not divorce by SMS in the muslim faith is legal in Malaysia. The Prime Minister's Department has issued directives to all state religious authorities, "not to issue divorce certificates for divorces uttered outside the courts – unless syariah prosecutors have already dealt with those who made such declarations."

The PM's Department directive serves as a warning to those who use the short messaging system and other means from outside the courthouse, to divorce their wives. 

Offenders are liable to a fine of up to RM1,000 and jailed to up to six months – or both – under the Federal Territory Islamic Family Law Act and the respective states' Family Law enactments, according to The Star. Amen.

permalink (September 4th, 2003)

Divorce via SMS, face a fine: M'sia

The Muslim court may fine husbands who divorce their wives by SMS RM 1,000 (US$263.12) and above according to CNet Asia.

Recently, Malaysian authorities overturned Islamic Syariah Court's ruling that allows Muslims to end marriages through mobile text messages. Divorce via impersonal channels like SMS, e-mails, letters, faxes and telephone calls will not be validated by the Muslim court.

Authorities say the move aims to protect Islam from ridicule, because allowing SMS break-ups could give the impression that divorce is a trivial matter in the religion.

permalink (August 5th, 2003)

Area Codes, Now Divorced From Their Areas

With mobile telecommunications, calls now connect people, not places. Mobile phones have torn area codes from geography, allowing people to have phone numbers with area codes distant from where they live. The trend has triggered a debate among technological pundits, telephone historians and Web preachers who specialize in the topic. "For many people this will come as a deeply confusing development," said James E. Katz, a sociologist and director of mobile communication studies. "You delocalize area codes, and it's one less North Star and one less compass point that people have to help orient themselves in an increasingly complicated world." Paul Levinson, chairman of the communication and media studies program at Fordham University, sees the transportability of area codes as a form of progress. "Humans are distinct from other animals for three reasons: they have developed language, they are the only bipedal mammal and they have the most sophisticated use of tools," he said. "Mobility of phone numbers and cellular technology allows us to do all three: walk, talk and use a tool." When area codes were invented in 1947, all of them covered single contiguous regions. The cultural consequences of number mobility are difficult to predict. Callers used to know where they were calling but not necessarily who would pick up. With cellphones, the reverse is now true. "Phone conversations also don't start with 'hello, may I please speak to so-and-so,' anymore," said Peter Rojas, editor of Engadget. "They start with 'Hey' or 'What's up' because callers know who they called even if they don't know where exactly that person might be." From The New York Times. permalink (October 2nd, 2004)

Malaysian man sues over SMS break-up

A Malaysian man is suing his ex-fiancee in an Islamic court after her father broke off their engagement via mobile phone text messages, reports ABC News.

Muhammad Salleh Muhamad Yusuf, a 46-year-old graphic designer, is demanding more than 70,000 ringgit ($28,114) from 28-year-old Nur Diana Ahmad Zubir to cover the cost of cancelled wedding preparations. The pair had planned to marry on January 17, but Nur Diana's father last month sent two text messages to the would-be groom to end the relationship, Muhammad Salleh's lawyer said according to the official news agency Bernama.

Related links to articles on divorce by SMS permalink (January 7th, 2009)

Author nun finds new outlet in cellphone fiction

Japan's best-known Buddhist nun is reaching out to a new audience by writing a mobile phone novel at the age of 86. Reuters reports. Jakucho Setouchi, a prolific writer and translator of 11th century epic romance "The Tale of Genji," is latching on to a publishing revolution -- short works of fiction distributed piecemeal by cellphone often become best-sellers in book form. "At this age, there are few things that interest me. But it was the first time I had written a cellphone novel, and it was exciting," Setouchi was quoted by a local newspaper as saying. The story, entitled "Tomorrow's Rainbow," is about a high-school girl who is deeply hurt by her parents' divorce, but finds the love of her life in a boy named Hikaru." permalink (September 26th, 2008)

Heavy-armour rampage silences mobile phones

File under cell phone rage, big time. According to the Times Online, a man who believed that his health had been damaged by mobile phone signals led a convoy of police cars and onlookers across western suburbs of Sydney as he used a 15-ton armored personnel carrier to flatten seven phone towers. "John Patterson, a former employee of Telstra, Australia’s largest telecommunications company, took the former British Army Trojan APC from its owner’s tow company in western Sydney. He drove the vehicle – which resembles a tracked tank and has a replica cannon – on a rampage across six suburbs, which left a large part of Sydney temporarily without a mobile-phone signal. ... Mr Patterson, 45, a divorced father, had been a good employee who was bitter about his treatment at the hands of his former employer, Telstra. “He used to work for Telstra and he told us he was going through a medical claim for his head injury,” Greg Morris said. “He said something about the radiation from the mobile phone towers as having been a cause of it,” he added. Image from The Sydney Morning Herald. permalink (July 17th, 2007)

SMS: the new medium for bad tidings

After the government's announcement yeterday it will use text messages to remind people not to overstay their visas, David Batty investigates for The Guardian, the now common practice of giving bad news via SMS; firing employees, filing for divorce, or informing immigrants their welcome has worn out. "In recent years text messaging has become the fashionable way to relay bad news. From filing for divorce or giving someone the sack, texting allows the sender to avoid uncomfortable face-to-face confrontation. In other words it's the 21st century cowards' way out." permalink (March 8th, 2007)

Cell phones help wives' doubts ring true about cheating husbands

Mobile phones are the biggest reason behind cheating Japanese husbands getting caught reports the Mainichi Daily News, according to a Shukan Post survey on salaryman infidelity. "Of the cheating salarymen, 35.8 percent had seen their extramarital affairs exposed, with mobile phones being the reason in 22.5 percent of cases." Related articles from around the world: -- SMS as evidence in divorce court (Poland) -- Texting sparks affairs (UK) -- Cell phones exposing more cheating spouses (Singapore) -- Unfaithful Italians betrayed by text messaging -- Text Messaging causes MP divorce in South Africa permalink (December 19th, 2006)

Finland Prime Minister breaks up with girlfriend by SMS

According to Reuters, Finland's Prime Minister Matti Vanhanen, dubbed Finland's sexiest man, broke up by text message with the girlfriend, she said in a magazine interview. "Matti dumped me in a text message, where he said 'that's it'," Susan Kuronen told the magazine Me Naiset (Us Women) in an interview published on Friday. ... Finland is home to mobile phone giant Nokia and its citizens are among the most avid users of the Internet." Earlier, in November, Britney Spears allegedly sent her husband a text message saying she had filed for divorce. permalink (December 2nd, 2006)

Britney's ex dumped by text (maybe)

A video of Britney Spears' soon-to-be ex-husband apparently getting a text message informing him that the pop princess had filed for divorce became the most viewed item on the YouTube on Thursday, with more than 1 million hits, reports Reuters. "The Web video shows kevin Federline taping a reality television show and talking about Spears being his biggest fan -- until he gets a text message. Then he puts his head in his hands, rips off his microphone and disappears, returning 30 minutes later visibly upset." permalink (November 10th, 2006)

Cops follow texting trail

Cops follow texting trail: Investigators routinely retrieve cell phone text messages as clues in everything from killings to divorce proceedings. ipCoomunications reports. "Text messages surfaced as evidence in the Kobe Bryant rape proceedings before the alleged victim refused to testify." (cf Bryant's Attorneys File Motion to Access SMS Data) Overseas news reports link text messages to bribes in Zimbabwe, a robbery in Australia and a homicide in Sweden." Related articles in textually and picturephoning categories: -- SMS used by the police -- SMS used as evidence in court -- Camphone snapshots nab criminals permalink (August 28th, 2006)

SIMcon secretely retrieves deleted text messages

SIMcon is software that analyzes the contents of a SIM card including stored numbers and text messages and retrieves secretly text messages deleted from a partner's phone. That's so interesting to me as I didn't think deleted messages could be retrieved. This is only one of the websites that came up in a search, triggered by article in The Independent on the latest technology available for snooping used by investigators and suspicious partners alike. "A quick search reveals more than 14,000 websites that will help uncover a partner's infidelities, whether it is opening letters secretly or tapping a partner's mobile answerphone. Proving adultery is no longer necessary for a court to grant a divorce. But the growth in technology in this area has enabled partners to check their suspicions in a way that was never possible before." permalink (February 19th, 2006)

Cell phones for your 5-year-old

What kind of cellphone is best for a 5-year-old? Millions of parents think that parent-child separations occur almost every day, brought about by play dates, after-school activities, getting lost at the mall, parents working late and the shuttling between divorced spouses. In these situations, a cellphone could be a nerve-calming lifeline. But not a traditional cellphone. Security is one reason; you don't want heavy-breathing strangers calling them up and luring them to shadowy places. Complexity is another; goodness knows there are plenty of adults who find modern cellphones overwhelming. And then there's the service cost.The New York Times reviews and compares cell phones to help parents choose the best handset for their youngest. permalink (December 23rd, 2005)

Australia. 'Mean queens' rule the schools

According to the Townsville Bulletin, Australia's soaring divorce rate has led to a generation of girls who have "discovered their inner bitch" and who make life hell for their victims - using text messages and e-mail to intimidate and victimize. "Psychologist Michael Carr-Greg told a conference in Melbourne yesterday female bullying was a largely unresearched phenomenon that was out of control in the nation's schools. "Some of these girls are the queen of mean," Dr Carr-Gregg said. And while male bullies tended to use their physical strength to intimidate others, female bullies had become adept at using SMS and email to victimise others. Dr Carr-Gregg - who recently learned of an incident in which a girl was made to eat a pie filled with dog-food - said schools needed to introduce programs to tackle the problem. "There is really nowhere some of these kids can hide," Dr Carr-Gregg said. "They can be emailed at home or texted wherever they may be. What's disturbing is that we are getting reports that girls are bullying at younger and younger ages." permalink (October 31st, 2005)

The truth about young love, sex and relationships

According to a survey into the changing nature of Britain's attitudes to sex, women are now in charge, and new technology is blamed (or, in some cases, welcomed) for making it easier to cheat on a partner. Some 61 per cent believe it is now possible to keep more than one partner on the go thanks to the advent of email, mobile phones and, in particular, text messaging. [via The Independent] "Lucy Phillips, 21, a student at Cambridge University, says: "You can even be in one place with one guy and text another - I just make sure he's not looking over my shoulder while I do it." Related article on cell phones and infidelity: -- Cell phones exposing more cheating spouses - In Singapore, nearly nine out of every 10 cases of extramarital affairs are exposed through cellular telephone habits, private investigators and lawyers told the newspaper Streats. -- Unfaithful Italians betrayed by text messaging - According to a new survey conducted by Italy's largest private investigation company, Miriam Tomponzi, in 87% of the cases involving infidelity, it's the cell phone which gives the game away, and mostly during vacations. -- Official: text sex is as bad a betrayal as the real thing - Sending flirtatious emails or phone texts behind a partner's back is just as damaging as a "real life'' affair, according to new research. -- Texting sparks affairs - A survey a UK divorce lawyers shows emails, texting and chat rooms make it far easier to be unfaithful. -- «Polyamore» fuled by SMS? - James Shahid Shaikh ponders on what really is infidelity and how technoloy can "creates cracks" in a relationship. -- Text Messaging causes MP divorce in South Africa - On the tabloid side of SMS, a South African MP is being divorced after a text message meant for his girlfriend went to his wife instead -- Beckham and Loos Text Sex - Evidence of text messages were used to support claims that David Beckham had an alleged illicit affair with his former personal assistant Rebecca Loos. permalink (February 13th, 2005)

Wireless messages used as evidence in court

Jon Sarche for the Associated Press writes how more and more, text messages are being used as evidence in court cases. Sarche points out that "the NBA star Kobe Bryant case appears to be the first high-profile U.S. criminal case in which cell phone text messages could be entered into the docket. But in Europe and Asia, where texting is hugely popular, some criminal cases have hinged on them". Word to the wise:[...] In these days of corporate fraud and in these days of terrorism we're seeing more and more reason to store forever. Don't ever say anything on e-mail or text messaging that you don't want to come back and bite you." I've opened a special category in Textually.org for anyone researching cases where SMS has been used as evidence in court. As a shortcut, here are links to articles posted so far: -- In the US, Mobile phone held drug deal details -- In the US, Kobe Bryant's Attorneys File Motion to Access SMS Data -- In Sweden, SMSes recovered from SIM in murder trial -- In Australia, SMS used in alibi and as evidence -- In England SMS Murder Trial -- In Australia Jury is handed SMS evidence in murder trial -- In the UK, a Murder predicted in text message. -- In Norway, a rapist's messages led to conviction. -- In Italy, text messaging is now commonly used as evidence in divorce suits. cf Cell phones exposing more cheating spouses. permalink (June 5th, 2004)

Mobile phone held drug deal details

Australia's Border Mail reports on yet another case where text messaging has been used as evidence in court. In this case, a Rutherglen man was arrested on drug trafficking charges. Most of the 400 SMS stored on his cell phone were related to drug deals. Other reported incidents from around the world, where text messages has been used as evidence in court cases: -- In the US, Kobe Bryant's Attorneys File Motion to Access SMS Data -- In Sweden, SMSes recovered from SIM in murder trial -- In Australia, SMS used in alibi and as evidence -- In England SMS Murder Trial -- In Australia Jury is handed SMS evidence in murder trial -- In the UK, a Murder predicted in text message. -- In Norway, a rapist's messages led to conviction. -- In Italy, text messaging is now commonly used as evidence in divorce suits. cf Cell phones exposing more cheating spouses. permalink (May 31st, 2004)

Bryant's Attorneys File Motion to Access SMS Data

According to a new development in the Kobe Bryant sexual assault case, The defense reportedly may try to use the accuser's own cell phone messages-- to get the case dismissed, reports abc7.com. "At issue-- text messages, which are saved on a phone company computer. Bryant's defense wants messages sent by the accuser released-- suggesting those messages could help Bryant's case. With text messaging, there is distinct information tapped in by the caller. According to producers of Celebrity Justice, Kobe Bryant's attorneys are filing a motion to access all the data. Legal Analyst Shawn Chapman says depending on the content, expect arguments on the messages authenticity". Other reported incidents from around the world, where text messages has been used as evidence in court cases: -- SMSes recovered from SIM in murder trial -- SMS used in alibi and as evidence -- SMS Murder Trial -- Jury is handed SMS evidence in murder trial -- In Norway, a Murder predicted in text message. -- In Norway, a rapist's messages led to conviction. -- In Italy, text messaging is now commonly used as evidence in divorce suits. cf Cell phones exposing more cheating spouses. permalink (May 26th, 2004)

SMSes recovered from SIM in murder trial

boingboing reports that a Swedish cult-leader implicated in serial murders is in trouble because of the damning, deleted SMSes recovered off his mobile-phone's SIM. "The case has been creating headlines for months in the Scandinavian media and the latest thrilling development is that computer forensic company Ibas has been able to recover 13 of the messages from the SIM card in the nanny's mobile". Other reported incidents where text messages were used as evidence: -- SMS used in alibi and as evidence -- Jury is handed SMS evidence in murder trial - -- SMS was used as evidence in a criminal investigation in Durham North Carolina, cf Cellphone records help police in murder case. -- In Norway, a Murder predicted in text message. -- In Norway, a rapist's messages led to conviction. -- In Italy, text messaging is now commonly used as evidence in divorce suits. cf Cell phones exposing more cheating spouses. permalink (May 19th, 2004)

Jury is handed SMS evidence in murder trial

The Sunday Mail reports on a sensational murder case being tried in Bundaberg, Australia, involving a violent attack where the victim was left on the dance floor bleeding from stab wounds, after being threatened to put his body through a mincer. That's just to set the stage, because what is relevant to this column is that after the Supreme Court trial opened, the jury members were given transcripts of 2500 SMS text messages exchanged between the protagonists - most of which were deleted, then retrieved from mobile phone records for the six weeks before the attack. Other reported incidents where text messages were used as evidence: -- SMS was used as evidence in a criminal investigation in Durham North Carolina, cf Cellphone records help police in murder case. -- In Norway, a rapist's messages led to conviction. -- In Italy, text messaging is now commonly used as evidence in divorce suits. cf Cell phones exposing more cheating spouses permalink (March 20th, 2004)

Texting sparks affairs

A survey a UK divorce lawyers shows emails, texting and chat rooms make it far easier to be unfaithful, reports the The Sun. "“It has been our experience that those of our clients who cite adultery as the cause of the breakdown of their marriage find, increasingly, that the new forms of communication have been instrumental in the initial conception of infidelity.” Survey Stats -- It found nearly a third of people admitted using the new technology to flirt with a potential partner or to nurture an affair. -- Of those, 22 per cent confessed to doing so every day — while 62 per cent said they did once a week. -- One in seven admitted to secretly scanning their partner's emails and phone logs to make sure they were not playing around. -- And much to their dismay, one in five said they had discovered a flirty message from an unknown source -- Thirteen per cent of snoops admitted they had found secret texts that criticised them". permalink (March 15th, 2004)

The Arrow That Missed?

Keep this one in your "it could happen to me" file: An intimate Valentine's Day text message nearly caused a Malaysian couple to split when it landed on a wrong mobile phone number..the husband's that is, and the wife picked it up find the errant message. She almost filed for a divorce, until 12 frantic hours of search before the sender of the message was traced. [Source story] On a related and belated note, here's something that may cause the confusion: a software that can send anoymous Valentine SMS messages. permalink (February 16th, 2004)

Cell phones exposing more cheating spouses

In Singapore, nearly nine out of every 10 cases of extramarital affairs are exposed through cellular telephone habits, private investigators and lawyers told the newspaper Streats on Monday and reported by the Khaleej Times. "While SMS messages are admissible as evidence in a divorce suit, lawyers said they only prove a liaison exists, but do not prove adultery". Unfaithful Italians are betrayed by text messaging too, according to a survey conducted by Italy's largest private investigation company. In 87% of the cases involving infidelity, text messaging gives the game away, and mostly during family vacations. permalink (December 29th, 2003)

2003: SMS, good for the soul

This is the fourth post for Textually 2003 - The Year in Review, a series of entries rounding up the most interesting mobile news (best and worst) reported this year. 2003: SMS, Good for the Soul This year, religions from around the world awakened to text messaging as a way of reaching out to young people and as a means of communication to spread the good word. They offered both guidance - and guidelines; the Catholic church said NO to confessions by SMS and Malaysian authorities overturned the Islamic Syariah Court's ruling, allowing Muslims to divorce by SMS. Elsewhere: -- In Italy, Ireland and the UK, a Papal Thought of the Day text messaging service was launched, emanating from His Holiness John Paul II. -- In Indonesia, Islamic preachers with poster boy looks and pop star styles won legions of fans. "They shared the stage with rock bands and used TV, radio and sent text messages to spread their message". -- To inspire users into contemplation, the Roman Catholic church in Holland offered religious ringtones. -- txt@verse, a campaign backed by Christian charities raised money to mobilize against poverty, by offering verses of the Bible by text message at a premium rate. -- In Sydney, a text message service allowed mobile phone users to receive Bible passages directly to their handsets. -- Jews were able to send text messages with a prayer or request to a rabbi, who then placed the note in Jerusalem's Western Wall, thus observing a centuries-old tradition. permalink (December 13th, 2003)

Text before marriage a no-no

In what was supposed to be the "cricket wedding of the year," the bride-to-be of Test cricketer Damien Martyn called off the wedding after finding text messages from another woman on her fiancé's mobile phone, reports the The Age from Australia. Looks like we can expect more txtsx stories to appear in divorce courts and in tabloids in the near future...

permalink (August 16th, 2003)

Malaysian Muslims and divorcing by SMS in the news again

According to an article in Yahoo News, Malaysian Muslim men are able to divorce their wives by SMS, quoting a religious adviser to the government in the New Straits Times.

The article continues: "Hamid Othman, adviser to Prime Minister Mahathir Mohamad, said divorce via SMS or short messaging service was in accordance with sharia law if it was clear and unambiguous, SMS is just another form of writing".

Islamic law permits a man to divorce his wife by declaring "I divorce you" three times.

Muslim divorce by text message came up in 2001 and was widely written up. The BBC reported on this same Hamid Othman -- then already adviser to Prime Minister Mahathir Mohamad -- condemning this, saying that government would not accept such a practise, as such text messages would be "an irresponsible act, dangerous and should not be tolerated. We have adequate laws to curb rash moves by Muslim men to divorce their wives without justification".

According to CNet, Gulf News reported 16 cases of divorce by SMS in Dubai between April and June 2001. In one case, a man sent his wife a message reading: "Why are you late? You are divorced."

Update 07/27: "The manner of pronouncing divorce through short messaging system (SMS) is an insult to women although the Syariah Court has ruled that it is permissible, Women and Family Development Minister Datuk Seri Shahrizat Jalil said", reports The Star. The same outcry followed this issue when it came up in 2001.

Is all this really news or old news being mistakenly picked up by other papers? Why would Hamid Othman, the officiel who is quoted, not mention that this issue came up two years ago?

permalink (July 26th, 2003)