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Could Private Social Networking Postings Be Used Against You?

Millions of us post on Twitter, MySpace, Facebook, Geeks and other social networking sites, expecting what we post is private and shared only with those we allow into our site. But all of this could change if a court allows access to a Facebook site to discover if a plaintiff in a court case has incriminated himself by making statements against his best interest.

The case is to be decided in a Canadian court case. According to The Star In Toronto the articles states the following:

Lawyers for Janice Roman, the defendant in the lawsuit, believe information posted on John Leduc’s private Facebook site – normally accessible only to his approved “friends” – may be relevant to his claim an accident in Lindsay in 2004 lessened his enjoyment of life.

As a result of the ruling by Justice David Brown of Ontario’s Superior Court of Justice, Leduc must now submit to cross-examination by Roman’s lawyers about what his Facebook page contains.

Brown’s Feb. 20 ruling also makes clear that lawyers must now explain to their clients “in appropriate cases” that postings on Facebook or other networking sites – such as MySpace, LinkedIn and even blogs – may be relevant to allegations in a lawsuit, said Tariq Remtulla, a Toronto lawyer who has been following the issue.

This could easily apply in a personal injury case in which a litigant claims his or her quality of life has been affected, Remtulla said.

“If you are alleging that, as a result of an accident, you have not been able to enjoy life the same way and there is a photo taken after the accident showing you skiing or exercising … that could be relevant,” the civil litigation and intellectual property lawyer said in an interview yesterday.

One can see the ramifications if the court allows the private information be made public. What do you think?

Should the information be made public?

Comments welcome.

Source.

8 Comments

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I knew a guy in high school and he was arrested for arson and vandalism after they found pictures of it on his myspace.

With a court order, anything else in your life is accessible, including anything you have said or done in confidence. With a court order your house can be searched, etc.

You can’t really expect to hide anything in your life from a court order to investigate it.

Put it this way, if you are wrongfully accused or sued, you will WANT and HOPE that the court can get access to every possible thing that might exonerate you. Full access to all relevant information would be your only protection.

In the end, it means you HAVE to put a certain amount of faith in the judicial system. This is America. If we get to the point that we can’t trust the judiciary to use its powers wisely, then it will be time for a revolution, not just privacy rules!

[...] Ori­gi­n­al p­ost­: Co­uld­ Pr­i­vate S­o­ci­al Netwo­r­k­i­ng Po… [...]

People really should take more care about what they post on these “private” pages. Where the internet’s concerned nothing is private. Perhaps if more courts used this in the UK it would stop those who claim benefits illegally, or at the very least make prosecution easier.

Thanks for the comments everyone. Privacy on the internet may not be a right. :-(

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