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Facebook Posts Mined For Courtroom Evidence

Posted by timothy on from the objection-relevance dept.

littlekorea writes "Defense lawyers are increasingly gaining permission from US courts to mine the private comments and postings on Facebook accounts to be used as evidence during trials. The first example — noted in Slashdot in September — has given way to an avalanche of new cases — and a worrying precedent that judges consider social networking content to be public data."

4 of 191 comments (clear)

  1. Helpful tip by JamesP · · Score: 2, Informative

    Treat all information posted on social networks as public

    It is anyway, after a court order, or a systems invasion, or a dodgy employer.

    --
    how long until /. fixes commenting on Chrome?
  2. Re:Well... by commodore6502 · · Score: 3, Informative

    Not in the European Union:

    ARTICLE 8

    1. Everyone has the right to the protection of personal data concerning him or her.

    2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.

    3. Compliance with these rules shall be subject to control by an independent authority.

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    Information wants to be expensive AND wants to be free. So you have Value vs. Cheap distribution fighting each other.
  3. Re:Public they are by Richard_at_work · · Score: 4, Informative

    Forensic traces at a crime scene dont have to swear an oath either, and they can be used in court as evidence - you seem to be misconstruing testimony and evidence.

    Its quite simple - if the network in question can provide enough information to suggest "this account posted this text on this date from this address" and the lawyers can provide enough corroborating evidence to allow a reasonable person to accept that as a truth, then its good enough to be used in a court. If you dont want it used, dont post it - or dont allow a third party to hold it.

  4. This is not new nor is it news. by davev2.0 · · Score: 4, Informative

    So many people here miss something very important. Almost anything, whether it is public or private, can be used as evidence in a trial, whether civil or criminal, if it is properly subpoenaed and collected.

    Your diary, your Facebook postings, the contents of your computer and cell phone, and your mail, it doesn't matter what it is as long as it is properly subpoenaed and collected.

    There is no story here. It has been like this for centuries. The court can order access to almost everything considered private.