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Re: When cops subpoena your Facebook info, here's what FB sends
Why Facebook Data Tends to Condemn You in Court (Wired)
U.S. courts have a structural bias against guilty verdicts, but when it comes to Facebook data the situation is reversed: Social media activity is more readily used to convict you in a court of law than to defend you.
Thats because prosecutors generally have an easier time than defense attorneys getting private information out of Facebook and other social networks, as highlighted in an ongoing Portland murder case. In that case, the defense attorney has evidence of a Facebook conversation in which a key witness reportedly tells a friend he was pressured by police into falsely incriminating the defendant.
Facebook rebuffed the defense attorneys subpoena seeking access to the conversation, citing the federal Stored Communications Act, which protects the privacy of electronic communications like e-mail but which carves out an exemption for law enforcement, thus assisting prosecutors. Its so one-sided
they cooperate 110 percent anytime someone in the government asks for information, one Oregon attorney told the Portland Oregonian, citing a separate case in which Facebook withheld conversations that could have disproved a rape charge, but turned over the same conversations when the prosecution demanded them.
Saint Paul, MN
I have to call BS. Read Helter Skelter by Vincent Bugliosi. Bugliosi was the prosecutor in the Manson trial. The prosecutor has to give every thing they have to the defense, but not the other way around. Even if the defense can't get it from Facebook they will get it from the prosecution if the prosecution got it from Facebook.
Progress isn't made by early risers. It's made by lazy men trying to find easier ways to do something. ¯ Robert A. Heinlein
said by Kilroy:"if the prosecution got it from Facebook"
The prosecutor has to give every thing they have to the defense, but not the other way around. Even if the defense can't get it from Facebook they will get it from the prosecution if the prosecution got it from Facebook.
Therein lies the rub.
Based on past performance, if the prosecutor only asks for certain information, that's all FB supplies. So, structuring the request for only what the prosecution thinks is helpful to its case can result in exculpatory evidence remaining out of the reach of the defense unless FB accedes to the defense attorney's request.
However I'd think (and hope) that a judge would issue a court order to FB to provide the defense team with information they request that would be germane to the case. But the logic and common sense of judges is, with all due respect, sadly lacking in too many cases.