Recovering Urban deleted texts messages via FOIA

Submitted by chad on

Listened to Doug Skene on Chris Balas' podcast and he brought up an interesting question about Urban Meyer's deleted text messages. He asked if those are recovered via FOIA act if requested.  

Anyone know if this is true?

If so, Brian Cook? Sounds like something up your alley. 

J.

August 25th, 2018 at 3:48 AM ^

Never say never.  You'd be amazed what a good forensic computer specialist can do.  Not only might the messages still be recoverable from the phone itself, or from his wife's phone, it's entirely possible that backups exist somewhere, especially if "text messages" includes something like Apple iMessage.

Ultimately while the FOIA might require that OSU release the messages it can find, it can't really force them to look very hard.  If OSU investigators wanted to know what was in those messages, they'd already know.

Meyer's not going anywhere due to malfeasance; let's send him out on a ten-year losing streak to Michigan.

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bluebygod

August 25th, 2018 at 11:55 AM ^

Carriers don't save message content for long...however, if served with a subpoena they can reproduce them (server data or something?)

Depending on Ohio's public records laws...even messages sent by a public employee on a personal account are public records if they relate to work-related matters.  Urban's texts about Smith would be considered public records in Florida, for example. (  I don't know Ohio's laws)

 

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Chalky White

August 25th, 2018 at 10:39 AM ^

It's not about the carrier. The messages are still in the phone. I used to read a lot of relationship message boards. Every one has a forum dedicated to cheating spouses. People try to delete texts all the time thinking they are actually erased. They usually aren't. They are still in the phone until that space on the hard drive is overwritten by other data later. If he just deleted it, the space is probably still open. You don't need to go to the carrier to get it. You only need recovery software that is easily accesible by anyone with a laptop and a usb cord.

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Helloheisman

August 25th, 2018 at 4:06 AM ^

I have experience with this from a previous career life in the wireless industry. It’s possible to retrieve the “deleted texts” but you need a court order to do so. I don’t think that is going to happen any time soon. So, I think they are lost in cyber space.

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ToledoWolverine

August 25th, 2018 at 6:12 AM ^

If he has an iPhone they may be backed up to his iTunes account if they were sent as iMessages.

There are programs that can recover deleted text messages as I’ve used one myself and it worked. It showed the number that sent or received the text message from my iPhone as well as the text. I was not able to recover images nor videos but for shit sure you can get the text. 

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ijohnb

August 25th, 2018 at 9:14 AM ^

OK, then you go ahead and contact Urban Meyer’s cell phone service provider to get his text messages.  Any chance we could find a loophole in the HIPAA laws to check up on those medication side effects.  Could we get Shelly Meyer’s cell phone records too???  What about his son, he is bound to know something!  This would all be completely normal behavior by a rival football fan.

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Mr Grainger

August 25th, 2018 at 9:41 AM ^

No one said FANS have to do it. Media outlets do these kinds of things all the time. Remember, OSU is a public institution. The whole thing would likely hinge on whether the Meyers' phones are private or university-issued. If they are paid for by the university that could be considered public property and might be subject to FOIA, the way you can FOIA emails from a government account. I don't see what's wrong with anyone trying.

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ijohnb

August 25th, 2018 at 10:01 AM ^

Urban Meyer did not act admirably nor effectively in this situation, but there has been no allegation that he acted criminally, or even in contravention of NCAA regulations.  He is a DB.  The whole world knows it now, but that should not make it fair game to invade every inch of his liberty. At some point enough is enough. OSU did what they are going to do.  Smith was fired and charged with trespassing for violating a PPO.  That is where this thing is going to die and it really is time for John Q Football fan to move on.  Just my opinion on the matter.

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UM Fan from Sydney

August 25th, 2018 at 7:59 AM ^

I doubt Brian cares enough nor wants to spend time doing it. He is convinced (I am too) that nothing will change the outcome. Nothing but losing recruits/games will make Meyer be gone. 

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mgobleu

August 25th, 2018 at 7:59 AM ^

The B1G already threw their endorsement at this traveshamockery, the NCAA is going to do sweet fuck all, no one's going to bring a criminal charge; time to accept the fact that he's a dick, the whole school are dicks and no one that matters gives a shit as long as they keep winning and keep making money. 

Best just to be sure you don't associate with any of them unless it's to beat their ass in a sport and make them sad. 

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Mr Grainger

August 25th, 2018 at 8:27 AM ^

I have thought about this since Wednesday night. Wasn't FOIA-ing text messages how the Freep (back when it was still a newspaper) brought down Kwame Kilpatrick? I still remember the front-page headline, something to the effect of "Mayor lied under oath, text messages show"

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JonnyHintz

August 25th, 2018 at 8:29 AM ^

I would think you would need a warrant in a criminal trial to obtain something like that, and that’s IF the carrier holds onto data like that. 

I don’t think FOIA applies to personal property in a non-criminal trial. 

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Arb lover

August 25th, 2018 at 8:38 AM ^

Carrier data isn't foiable (section 1.8 we use this term nationwide, even though every state has its own records law), it has to be in the (university's) possession and either on a device used for university business or one (in this case) owned by the university.

Someone could theoretically request a copy of the phone's hard drive, a full scanned copy, but more likely than not they are just going to get a layer one copy, with the erased bits not transferring over. The trick would be to force OSU to attempt to recover the "documents" first, using programs that can do so. There may be a claim there as erasing the records was a violation of ohio code. Once the university has recovered the documents, they are able to be requested by open records law. Then the university would attempt to redact the "private" information, likely also redacting the "damning information", and so the legal fight continues until they finally have no recourse but to honor the full request. 

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Wolverine 73

August 25th, 2018 at 9:08 AM ^

Supposedly, the Lantern (OSU newspaper) requested the text messages before the meeting between Urban and the director of football operations when they discussed how to clear messages more than one year old.  If the Lantern were to file a public records suit, they could depose both guys to get details and if they could prove the records were deleted, they would have a strong case for an order requiring the university to restore them if at all possible.  Of course, many judges in Ohio are alumni, and that could influence the paper’s odds adversely.  Not to mention that the editors probably don’t really want to be shunned, if not worse, by 90% of their classmates.

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