New York Judge Rules Against Facebook In Search Warrant Case

itwbennett writes: Last year, Facebook appealed a court decision requiring it to hand over data, including photos and private messages, relating to 381 user accounts. (Google, Microsoft, and Twitter, among other companies backed Facebook in the dispute). On Tuesday, Judge Dianne Renwick of the New York State Supreme Court ruled against Facebook, saying that Facebook has no legal standing to challenge the constitutionality of search warrants served on its users.

Comments

Fishing operation: 2015 edition

[Kjella]

1. Pretense: Find or create some kind of probable cause for a warrant. Doesn't in any way have to be related to what you're really looking for or anything you think he's really doing, just plausible enough to get rubber stamped by a friendly judge.
2. Fishing: Search through third parties like cell phone records, bank records, email records, social media records etc. under NDA, since the person won't know he can't challenge them.
3. Parallel construction: Using the information gathered above, find some law they're actually breaking and "randomly" catch them in the act. Preferably one that'll let you go through the rest of their belongings.
4. Fine tooth comb: Most people break the law in many small ways, just hit them with all of them. And even ones that won't stick, just to get the total and the defense burden high.
5. Buy high, sell low: Have the prosecution offer you a "deal" where you can either take 10% of a ridiculous figure or try it in full court, knowing a few of the lesser charges will stick so the prosecution won't look like a total sham,

Only 62 of 381 in the Facebook case were ever charged with any crime. The remaining 300+ are still totally unaware the government has seen through everything they've done on Facebook, since it's all under NDA. You can't challenge or suppress a warrant until the government tries to use it against you in a criminal case. This reminds me of the NSA wiretaps, since they've officially never admitted to wiretapping anybody there's nobody with standing to sue. It's a nice end-run around the constitution, that's for sure.