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Thread: Can Your Facebook Profile Be Used Against You In A Court Of Law?

  1. #1

    Can Your Facebook Profile Be Used Against You In A Court Of Law?

    Facebook Posts Can Haunt You: Discoverability in Litigation - Eric Sinrod - Technologist


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    Is it possible that information and photos placed on Facebook pages could come back to haunt parties in litigation? Yes. Will that always be the case? No. Should people nevertheless be careful about what they post? Yes.

    In this developing social media age, there has been a judicial willingness to compel the disclosure of Facebook material to the other side in litigation if the material could be inconsistent with the claims made in the case.

    Assume, for example, that a plaintiff claimed that as a result of an injury caused by the defendant, she no longer can walk. However, assume also, that her Facebook photos after the injury showed her skiing down mountains, biking and jogging.

    In this context, the judge could order disclosure of her Facebook photos, as her injury claims would be undercut, and these photos would be relevant to that extent.

    Of course, there is the issue of how to gain access to the Facebook pages of litigants.

    Obviously, to the extent information and photos are posted publicly, they are there for the world to see. But if they are not, and only are available to specific "friends," are they private and not to be used in litigation? Well, in at least one case, McMillen v. Hummingbird Speedway, the court ordered that disclosure of the Facebook password of one of the parties so that access could be gained by the other side to the relevant Facebook account.

    Certainly, to the extent one side to a case seeks "to friend" the party on the other side by subterfuge, pretending to be someone else or enlisting a third-party to get the job done without disclosing intentions, there could be some ethical problems.

    In one recent case, Piccolo v. Paterson, the court refused the defendant's request to have the plaintiff accept a "neutral" friend request for the purpose of analyzing the photos on her Facebook page to compare them with the injuries she alleged. So, this shows that Facebook material will not always be revealed for litigation. However, in the Piccolo case, the judge did not order disclosure at least in part because the plaintiff already had produced other photographic evidence relating to her injuries in the litigation. Had that not been the situation, the judge might have allowed the Facebook discovery.

    Long story short, there is a definite chance that wall posts, messages, blogs, photos and videos that show up on social media sites like Facebook could be fair game for discovery in litigation. Thus, it behooves people who believe that they may have a lawsuit coming their way to be careful about what they make available on Facebook and other social media sites. People are getting use to living out loud online, and perhaps a little quiet would not be such a bad thing.

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    Not only FB you must be careful what you put out anywhere on the net
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  2. #2

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    there's zero doubt that facebook profiles can be used against you in court - it's happened with myspace in the usa quite a few times, and facebook is even more revealing...
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    I'm studying to become a lawyer so this interests me, however if I were defending a plaintiff I would argue that the date a picture is posted on Facebook is simply that - the date it is posted.

    Going with the scenario provided, I would challenge the prosecution to prove that the pictures posted on xx-xx-xx date are not simply old photos that were just recently uploaded. Of course if you actually post videos/photos of yourself doing criminal activity in to the public domain.... you're an idiot who can't be defended LOL.
    Last edited by GymTanAndLaundry; 26.05.11 at 06:18.
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    It is the US we are talking about, of course they can use this as evidence
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    yeah unfortunately guys stuff on facebook has been used against me for a legal issue, be aware of what you are uploading!!
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    idont think they are smart enough here to use my facebook account as evidence
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    I think because of the User Agreement of Facebook, that makes you agree that all your information is public and can be used by third parties, the Law can have a lot of fun putting you in jail for the pic your took next to your bong lol
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    hmmm bong?? naughty guy!! maybe you use innocent herbal legal stuff to fill your bong ,but i bet most ppl wont do this (me neither P)
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  9. Who Said Thanks:

    SomeGuy (30.06.11)

  10. #9

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    this is why i keep my profile as private as possible and don't post party pictures. you never know who will see it.
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    Is it possible that information and photos placed on Facebook pages could come back to haunt parties in litigation? Yes. Will that always be the case? No. Should people nevertheless be careful about what they post? Yes.
    is it possible to get hurt after you wake up in the morning? yup
    will that always be the case? nope
    should people nevertheless be careful about that? yup


    Q:
    there is the issue of how to gain access to the Facebook pages of litigants.
    A:
    in at least one case, McMillen v. Hummingbird Speedway, the court ordered that disclosure of the Facebook password of one of the parties so that access could be gained by the other side to the relevant Facebook account.
    Obviously, to the extent information and photos are posted publicly, they are there for the world to see. But if they are not, and only are available to specific "friends," are they private and not to be used in litigation?
    irrelevant

    to the extent one side to a case seeks "to friend" the party on the other side by subterfuge, pretending to be someone else or enlisting a third-party to get the job done without disclosing intentions, there could be some ethical problems.
    doesn't seem to bother the police to use such methods, why should they be?

    this shows that Facebook material will not always be revealed for litigation
    so? its certainly not immune to revelation, its simply a liability

    People are getting use to living out loud online, and perhaps a little quiet would not be such a bad thing.
    a little quiet only means less attention - a single 'hard evidence' is all it takes (or even way less if your lawyer sux)


    Quote Originally Posted by GymTanAndLaundry
    if I were defending a plaintiff I would argue that the date a picture is posted on Facebook is simply that - the date it is posted.
    it would work if the opposing lawyer didn't bother to further analyze the photo contents and information related to it (provided that there is anything relevant there ofc)
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  12. Who Said Thanks:

    fuzzy (25.07.11)

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