This may interest some of my FB friends: Just in case - any of my FB friends think setting their privacy settings to the most scure protects their privacy - WRONG, if they are parties in litigation. Granted, this is a decision from a Florida Appellate Court, but it refers to federal cases as well. Nucci vs. Target, (Fla 4 DCA 1-7-2015) The Florida 4th DCA ruled that the Defendant, TARGET, was allowed to obtain the photographs and information from the Petitioners/Facebook users account, and held that the information requested is calculated to lead to the discovery of admissible evidence at trial. information that an individual shares through social networking websites like Facebook may be copied and disseminated by another, the expectation that such information is private, in the traditional sense of the word, is not a reasonable one. Beswick v. NW Med Cntr., 2011 WL 7005038 (Fla. 17th Cir Ct. Nov. 3 2011). Even had Plaintiff used privacy settings that allowed only her friends on facebook to see postings, she had no jusitifiable expectation that her friends would keep her profile private. U.S. v. Meregildo, 2012 WL 3264501 at 2 (SDNY 2012) The expectation of privacy may be lower in emails or other internet communications U.S. v. Lifshitz, 369 F.3d 173, 190 (2d Cir. 2004) material posted on a private Facebook page that is accessible to a selected group of recipients but not available for viewing by the general public, is generally not privileged, nor is it protected by common law or civil law notions of privacy. Reid v. Ingerman Smith 2012 WL 6720752 at 2 (EDNY Dec. 27 2012), Tompkins v. Detroit Metro Airport, 278 FRD 387 (ED Mich 2012). But the party wanting the discovery of facebook posts has to make a threshold showing that the discovery is reasonably calculated to lead to admissible evidence. Mailhoit v. Home Depot, 285 FRD, 566 570 (CD Cal. 2012) The Stored Communications Act, 18 USC S2701-2712, does not apply to facebook/social media users. It only appiles to providers of communication services from divulging private communications to certain entities/individuals.
Posted on: Thu, 08 Jan 2015 19:10:05 +0000
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