My 29 yo daughter died in May and I called AT&T to find out if LE could access her records even if I ended her phone service. AT&T told me that they kept records of texts and phone logs for 18 months and maybe could even get older records under some circumstances. AT&T said they needed a warrant from LE to provide the info and could not give it to me even if my daughter was on my family plan. AT&T said they could even provide transcripts of text messages between my daughter’s iPhone and other types of phones. However, iMessages between 2 iPhones would have to be requested from Apple (also with a warrant) if my daughter had an iCloud account that backed up her phone, which she did. Apple will not unlock phones even if LE asks them to. Just FYI my daughter died of an OD, which NC investigates as a homicide. I let the detective know the information from AT&T, but I don’t know if NC LE ever got a warrant for AT&T or Apple. I gave LE her phone and text logs. All this to say I don’t think BL getting a new phone will preclude LE from getting data on his old phone from AT&T and/or Apple.
Thanks for your informative post.
Oh, what a sad, sad reason for you to have to go through all of that.
My sympathy to you for the loss of your daughter. Blessings to you and your family.
My reply is on the technicalities of this only.
1. Re Apple. That seems to be correct. IN the Dan Markel matter, the password of the Iphone that Rivera, the hit man's driver used was broken by the FBI apparently without the assistance of Apple Inc. Unless you use careful social intuition the passwords can be near unbreakable as they are encripted in the phones. It was the breaking of this password and access to to all the texts
that persuaded Rivera that it might be a good idea to be a State witness, along with a Plea deal that took the death penality off the table. (I digress slightly)
2. My understanding is that there has been a Federal ruling in the USA that the FBI can access Any data from the phone tower dumps , Viz all the metadata of calls and all texts after six months of seizing the handset or the user being deceased. The carrier might not want to give it up but that seems to be the current ruling . Prior to six months from the date of transmission, they need a warrant.
3. Some of the Phone carriers seem to take the legal position that in terms of the phone's coordinates - they own the data . The provide the tower system and the infrastructure and the location in time wrt the tower system is not data that the owner of the handset owns (or explicitly transmits).
KG