Facebook Posts Mined For Courtroom Evidence 191
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."
Helpful tip (Score:3, 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.
Re:Well... (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.
Re:Public they are (Score:5, Informative)
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.
This is not new nor is it news. (Score:4, Informative)
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.