[citation][nom]buffinmcfuffer[/nom]It's HER Facebook account. If someone wants to divorce me and take my house it's mine to sell. If someone wants to bring up personal times it's mine to throw away.Blatant invasion of privacy runs rampant when people know nothing about technology or ethical judgement.[/citation]
It's a custody battle , you can seek evidence however the law allows.
Nope do not support the decision. Ya sure ill give them access, kinda like how someone lets you into your home when you flash a search warrant, but I will not give them a copy of my hose keys, just because they say we won't abuse it.
I look at it this way. If they are the real deal, then they should not need my password, if not then there just looking to steal stuff. If they are the real deal and trying to get your password... there still trying to just steal stuff...
The warning still rules all! its in every online video game! and that is "the administrator will not ask for your password, please do not give it out to any one." Find administrator, I see him as the land lord he can let you in.
[citation][nom]dantte[/nom]This is merely and example of a modern-day search warrant. If there is enough reason to suspect that they could be hiding evidence via messaging on facebook or other online social media, the judge has every right to do this.How is this any different then if the wife or husband had a safe in the house with letters from their "affairs" inside that may prove or disprove some type of wrong doing.[/citation]
This is in no way a modern search warrant, especially since it's not being carried out by some sort of law enforcement agency. This steps far beyond the bounds of e-discovery (the industry term for what's supposedly going on here) and directly infringes upon privacy law. The order is illegal.
There are already well established practices and law for e-discovery which are in play every day in corporations. Just because it would be (and is) excessively burdensome for an individual (and even a corporation) in a situation like this to review all possibly related material and turn over responsive documents, it does not change the fact that THAT is what the law requires, NOT full disclosure of all information. Full disclosure is actually frowned upon due to the information overload of irrelevant documents.
In which case it would be considered evidence against you if some how you do not know the password OR any way to recover the account. Who forgets everything that easily? That's like having a search warrant for your house then locking the keys inside...do you really think that will fly in court?
Your Facebook account is your own. If you own something, you should have control over it until it is legally, nolonger in your posession.
RULE 1: One should NEVER write anything anywhere especially concerning web, email, text, etc. if he/she is not fine with every single person in the world having a chance to find out about it. You may have a legal right to privacy in most circumstances, but that doesn't make one immuned to investigations, hackers, and other nefarious acts perpetrated against one freedoms.
If you're going to post something online then you are signing away any right to privacy that you may have had. I completely agree with the judge on this case. It was also mentioned in the article that this case involved a custody battle as well. I would want my kids to go to the best parent available, so giving up the info to my Facebook would be seen as inconsequential in my eyes.
The whole thing will fall apart soon enough.
The court instructing the individuals to give up their passwords will be shown to be unconstitutional. Anyone in legal proceedings has the right to not provide testimony that would incriminate them. As such, the wife could exercise her fifth amendment right to block this invasion of privacy.
I'd also ask: what led her to have an affair. Marriages never break down because of one person's actions, both parties must shoulder some blame.
Even though she may have been unfaithful, many spouses in the same situation are able to win custody of their kids. Infidelity in marriage is not an indicator of whether a person can be a fit parent.
[citation][nom]chickenhoagie[/nom]I suppose it depends on what you're giving up a password to..I'd say it'd be more appropriate for them to have a live session of logging in and searching, rather giving up a password. Giving away a password can give away more than just that facebook account..and could end up being a hassle down the road (people open their mouths and before you know it everyone has the password).[/citation]You can change your passwords afterwards. They don't have access to your stuff forever. They just are getting access to show whether or not incriminating messages/information exist. If she wasn't doing anything that would incriminate her, they'd come away empty handed. You should note that they also handed over the husband's password, so the other side has equal access! Both of them will need to change their passwords afterwards, of course.
Anyway, her behavior seems really suspect. Texting a friend to tell them to hastily delete things? Setting up accounts on multiple dating sites while you're married? Yeah, about that.
Honestly this might sound a bit like a tin-foil hat conspiracy theorist, but the only way people at Facebook make a living is by collecting details about you and your life.
Facebook will hand over every thing in your account to Police should they come looking, and don't believe for a second that anything you delete is gone. WELCOME TO THE CLOUD, enjoy shitty remote-based apps, where someone else wants to 'conveniently' store all your data for you. never worry about losing your data again!
Facebook is a means of broadcasting information. It is not a place to keep private information. If you believe it is you have not understood either their business model or how many people can see what is posted on your wall. There is no Fifth amendment right to news you broad cast to 50 of your closest friends, and placed in a cloud owned by someone who traded you the service for your privacy.
[citation][nom]back_by_demand[/nom]Maybe if they didn't spend all their lives on Facebook they wouldn't be getting divorced in the first place.[/citation]
It's amazing how this changes our lives. I honestly believe, and I'm only in my late 20s that constant connection is not good for relationships. There should be separation in togetherness. So that way when you do spend time with him/her, it's going to be good!
"Facebook is a means of broadcasting information. It is not a place to keep private information. If you believe it is you have not understood either their business model or how many people can see what is posted on your wall. There is no Fifth amendment right to news you broad cast to 50 of your closest friends, and placed in a cloud owned by someone who traded you the service for your privacy. "
LOVE LOVE LOVE this comment! Hey peopel! Listen up! Facebook is a SOCIAL NETWORK!! What is private about posting your thoughts, life details and actions on an electronic billboard?!? There is a difference between reasonable expectation of privacy as determined by the law, and "I just don't want my spouse to know what I am up to". You want privacy?...Don't do stupid stuff in public!!
In the case of Divorce, one party files, and the other party generally doesn't' want the divorce. Social networking sites don't cause divorces, people do. Marriage breakdowns occur within the home, between the couple. I don't agree that social networking sites ruin marriages. Egotistical people who are being divorced will fling as much nonsense, lies, and drama at the moving party in the divorce as possible to try to shift blame away from themselves. I've seen in again and again throughout the years. A Judge absolutely has the right to gather information from both parties and if this is legal in the state you reside, then so be it for the purpose of discovery. When all is said and done, the divorce papers are signed....one person will be happy to get out of a bad situation, and the other party will most likely spend the rest of their life pointing their finger and trying to stir up bad feelings within the family. What causes divorce? Mental health issues...control issues...insecurity...disrespect.. Facebook? No. Dating Sites at fault in divorce? No. If a Judge wants the real truth in a marriage breakdown - I think they should subpoena mental health records of the requesting party! Start discovery where the problem begins..
This is the same Judge (and I use that word loosely) that presided over my divorce. This Judge is unfair and unrealistic. He ordered me to pay over 75% of my take home pay to my ex-wife even though she was working. He gave her full custody of my children when all i asked for in the divorce was joint custody. In my opinion Family Judges in Connecticut need to be monitored more closely