Comments on: Facebook’s Law Department is Ready to Brawl over Requests for Information from a User’s Facebook Account http://nylawblog.com/2010/02/facebooks-law-department-is-ready-to-brawl-over-requests-for-information-from-a-users-facebook-account/ Law Office of Frederic R. Abramson |160 Broadway, Ste. 500 | New York, NY 10038 | (212) 233-0666 | fabramson@abramsonlegal.com Wed, 28 Jul 2010 18:36:52 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Darren Chaker http://nylawblog.com/2010/02/facebooks-law-department-is-ready-to-brawl-over-requests-for-information-from-a-users-facebook-account/comment-page-1/#comment-225 Darren Chaker Mon, 22 Feb 2010 03:12:45 +0000 http://nylawblog.com/?p=642#comment-225 I take issue with the comment Myspace is 'hiding' behind the law. MySpace as well as Facebook is prohibited from lawfully producing the contents of a user’s private mail messages or stored content files held or maintained on behalf of a user to a any non-government entity, by the Stored Communications Act (“SCA”) 18 U.S.C. §§ 2702-2703. The materials protected from disclosure by Section 2702(a)(2) include MySpace user content including, but not limited to, friend lists, photos, blogs and private messages.<br><br>Given the above, it is inevitable unless the supoena fits within the perview of the law, then the subpoena is open to be discarded on a Motion to Quash. The argument whether counsel for MySpace "has kids" is an emotional one the law doesn't recognize. If a police officer enters a house absent consent or probable cause and finds 10 bodies, the court will toss out the evidence based upon the Fourth Amendment due to a violation of the constitution. Likeewise, despite the allegations made in the lawsuit, if a murderer can go free--your subpoena may be discarded. I take issue with the comment Myspace is 'hiding' behind the law. MySpace as well as Facebook is prohibited from lawfully producing the contents of a user’s private mail messages or stored content files held or maintained on behalf of a user to a any non-government entity, by the Stored Communications Act (“SCA”) 18 U.S.C. §§ 2702-2703. The materials protected from disclosure by Section 2702(a)(2) include MySpace user content including, but not limited to, friend lists, photos, blogs and private messages.

Given the above, it is inevitable unless the supoena fits within the perview of the law, then the subpoena is open to be discarded on a Motion to Quash. The argument whether counsel for MySpace “has kids” is an emotional one the law doesn't recognize. If a police officer enters a house absent consent or probable cause and finds 10 bodies, the court will toss out the evidence based upon the Fourth Amendment due to a violation of the constitution. Likeewise, despite the allegations made in the lawsuit, if a murderer can go free–your subpoena may be discarded.

]]> By: Darren Chaker http://nylawblog.com/2010/02/facebooks-law-department-is-ready-to-brawl-over-requests-for-information-from-a-users-facebook-account/comment-page-1/#comment-177 Darren Chaker Sun, 21 Feb 2010 22:12:45 +0000 http://nylawblog.com/?p=642#comment-177 I take issue with the comment Myspace is 'hiding' behind the law. MySpace as well as Facebook is prohibited from lawfully producing the contents of a user’s private mail messages or stored content files held or maintained on behalf of a user to a any non-government entity, by the Stored Communications Act (“SCA”) 18 U.S.C. §§ 2702-2703. The materials protected from disclosure by Section 2702(a)(2) include MySpace user content including, but not limited to, friend lists, photos, blogs and private messages.<br><br>Given the above, it is inevitable unless the supoena fits within the perview of the law, then the subpoena is open to be discarded on a Motion to Quash. The argument whether counsel for MySpace "has kids" is an emotional one the law doesn't recognize. If a police officer enters a house absent consent or probable cause and finds 10 bodies, the court will toss out the evidence based upon the Fourth Amendment due to a violation of the constitution. Likeewise, despite the allegations made in the lawsuit, if a murderer can go free--your subpoena may be discarded. I take issue with the comment Myspace is 'hiding' behind the law. MySpace as well as Facebook is prohibited from lawfully producing the contents of a user’s private mail messages or stored content files held or maintained on behalf of a user to a any non-government entity, by the Stored Communications Act (“SCA”) 18 U.S.C. §§ 2702-2703. The materials protected from disclosure by Section 2702(a)(2) include MySpace user content including, but not limited to, friend lists, photos, blogs and private messages.

Given the above, it is inevitable unless the supoena fits within the perview of the law, then the subpoena is open to be discarded on a Motion to Quash. The argument whether counsel for MySpace “has kids” is an emotional one the law doesn't recognize. If a police officer enters a house absent consent or probable cause and finds 10 bodies, the court will toss out the evidence based upon the Fourth Amendment due to a violation of the constitution. Likeewise, despite the allegations made in the lawsuit, if a murderer can go free–your subpoena may be discarded.

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