Are Social Network Private Messages More Private Than Email Under The Law?
from the courts-and-technology dept
It’s always interesting to see how courts deal with changing technology. For example, it’s pretty common for courts to order emails to be handed over in certain lawsuits as part of the discovery process. However, for many younger people, email has taken a backseat to more popular private messaging features on social networks like MySpace and Facebook. In a recent court case, one side requested access to the private messages in the same manner that they would normally request access to email. However, both MySpace and Facebook have privacy policies saying they won’t share the info (though, both say that they will under a court order). In this case, the court decided that it was too early to hand over access to such private messages, saying that the defendant’s lawyer needed to first use other routes to try to find the information he was looking for before the court would blindly hand over access to social network private messages. It’s likely that this type of request will start to become more popular in court cases — and it may be difficult for judges to believe that social networking private messages are effectively any different than email.