Text messages are everywhere in our daily lives. They've become a primary way we communicate, so it's no surprise they often show up as evidence in legal cases, from business disputes to family law. But here's the catch: simply taking a screenshot of a text message isn't always enough to use it as reliable evidence in court. In fact, relying on screenshots alone can be risky, because they're surprisingly easy to fake. This is where digital forensics experts and attorneys come in, working to authenticate text messages and ensure they're as trustworthy as possible.

At first glance, it may seem like a screenshot is a simple way to prove what someone said in a text. However, modern technology has made it incredibly easy to alter screenshots or even create entirely fake text messages. Here's how this manipulation works:

Given how easy it is to manipulate screenshots, attorneys and digital forensics experts know that screenshots can't always be trusted as accurate proof. This means they need a way to verify that what they're looking at is authentic.

As a digital forensics expert, I have first-hand experience with fake text messages being used as evidence in cases, and I have testified as an expert in cases on this exact issue.

In one case my team and I worked on, a defendant was sent to jail for violating a restraining order. The evidence submitted by the alleged victim to law enforcement was pictures of messages between them and the defendant. The messages contained many threats, including threats of bodily harm.

We questioned the reliability of these text messages and ultimately proved that the victim had faked them. After spending six months in jail, the charges against the defendant were dropped, and he was released from jail based on this evidence.

The issue of unreliable digital evidence, particularly screenshots of text messages or social media posts, is not new. Courts have long recognized the potential for manipulation and have set precedents that emphasize the importance of proper authentication. Several cases highlight these concerns:

When attorneys want to confirm that a text message is legitimate, they turn to digital forensics experts. Digital forensics is a scientific approach to investigating digital evidence, such as text messages, to ensure that it's accurate and hasn't been tampered with. Here's what experts do to authenticate text message evidence:

A forensic acquisition involves accessing the phone directly and making a digital copy of everything recoverable on it -- messages, timestamps, contacts, and even deleted data. This method is preferred because it's the most thorough way to preserve and verify what's on the device.

Forensic acquisitions produce a digital copy that's a perfect snapshot in time, allowing attorneys to analyze the evidence without ever needing to access the original phone. This comprehensive capture of information is considered the gold standard in court, because it's a thorough and reliable way to verify evidence.

Sometimes, a full cell phone forensic acquisition isn't possible. For example, the phone may belong to a witness who doesn't want to surrender it, or a bystander who isn't directly involved in the case, or an attorney may need to document a single message or email without the assistance of a digital forensics expert.

In these situations, attorneys may conduct or delegate an investigator or associate to perform a manual examination, capturing pictures of the relevant messages. Although not as thorough as forensic acquisition, a well-documented manual examination can still provide reliable evidence.

However, without the hash value, or forensic "digital fingerprint," we need another way to authenticate the data in court. This is done with a video recording, which acts as the verification that nothing on the phone was altered or deleted intentionally or unintentionally.

Here's how this process could work in brief. For a more complete explanation, you can read my in-depth article here.

When attorneys and digital forensics experts go through these steps, it's all about ensuring the authenticity of the evidence. Courts need to know that the text messages they're examining are real and haven't been altered or selectively captured. If there's any doubt about authenticity, the evidence could be thrown out, or worse -- it could lead to wrongful accusations.

Compared to screenshots or manual photos, a cell phone forensic acquisition offers many advantages:

Screenshots alone are not enough for court because they're easy to manipulate. Digital forensics offers a more reliable way to ensure that text message evidence is genuine, comprehensive, and admissible.

Whether through full forensic acquisition or carefully documented manual examination, these steps ensure that evidence is authentic, protecting both the integrity of the case and the individuals involved.