NACDL

A lawyer and his client are sitting in a café having coffee while on recess in a major case. They turn off their cell phones so that no one will interrupt them. They lean forward for a highly confidential tête-à-tête. However, they are not the only ones interested in their discussion. Unknown to them, a third-party — miles away — remotely turns on the lawyer’s cell phone and records every word of the conversation. When the conversation ends the lawyer turns on his phone, calls his investigator, and gets the latest on statements taken from key witnesses. The third-party records that conversation too, and while she is at it, downloads all the text messages and e-mails the lawyer has on his cell phone. She downloads the telephone numbers, dates, exact times, and duration of the conversations. Finally, she downloads information telling her the lawyer’s location when he placed or received cell phone calls during the past month. Fantastic? Futuristic? Not at all.