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Earlier this week, Alex Mac Caw, cofounder of data API company Clearbit, shared a screenshot of a text attempting to trick its way past two-factor authentication (2FA) on a Google account.Here's how it works: The attacker can sometimes even spoof their identity — so the text looks like it comes from Google, or Facebook, or Apple, rather than an unknown number.In such a situation, the texts can get in as evidence only if they fit within a hearsay exception.Party admissions are an exception to the rule, so that if the person responsible for sending the text (the sender) is in fact the same person you are suing, then that is the exception to the rule.Often they look at data dumps from old hacks for emails/usernames and passwords that they then try on other sites, because so many people reuse passwords across multiple accounts and platforms.Huge databases of tens of millions of email addresses and passwords have been floating around in the last few weeks — notably from Linked In and My Space.

If you want to use the out-of-court statements made in the texts as evidence, and you want the court to accept those statements as true, then the texts will likely be considered .But if the text message states, for example, "Johnny is skimming money from your business" and you use that statement to prove that defendant John Doe is, in fact, stealing money from your business, then a court is not likely to allow that text message into evidence as it is an out of court statement offered to prove the truth of the matter asserted.There are other tests of admissibility such as its relevance, whether the text message is the best evidence, and whether the probative value of the text outweighs any unfair prejudice.When it comes to guys managing multiple women, phones really are smart. Years ago your average player owned a small stack of paper, bound with glue, called a black book.While it allowed men to record details on his sexual exploits, it was an extraneous accessory that anyone could be privy to with a glance. A veritable database of contacts where a player can keep all your contact info, notes, pictures, along with a list of who you know thanks to social networks.

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