You Have the Right to Remain Silent, but You Won’t

Did you know that what you post on Facebook can be used as evidence in a court of law? At least that is the case in the US. Ironically I found the story on an Australian web site :) The story at http://www.itnews.com.au/News/246329,facebook-posts-mined-for-court-case-evidence.aspx is well worth reading. It is not only your public messages than can be used, but private communications can be subpoenaed as well. The ability to obtain and use such information is not limited to criminal cases, but also is being granted in civil cases. In some cases requests for access to social networking records are denied as being too broad, but increasingly courts are ruling that attorneys in civil cases may gain access to such information. A good rule of thumb to follow is that if you post anything, anywhere online, it is public information.

Randy Abrams
Director of Technical Education
Cyber Threat Analysis Center – ESET LLC

Author ESET Research, ESET

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