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goalieskates
Premium
join:2004-09-12
land of big
reply to goalieskates

Re: When cops subpoena your Facebook info, here's what FB sends

And related:

Why Facebook Data Tends to Condemn You in Court (Wired)

quote:
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.

That’s 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 attorney’s 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. “It’s 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.


Kilroy
Premium,MVM
join:2002-11-21
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



EGeezer
zichrona livracha
Premium
join:2002-08-04
Midwest
kudos:8
Reviews:
·Callcentric

said by Kilroy:

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.

"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.