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Lawyers Debate Finer Points Of Friending On Facebook


By

Ben Yakas

Published Oct 1, 2010

Modified Oct 1, 2010


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By

Ben Yakas

Published Oct 1, 2010

Modified Oct 1, 2010


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Should Facebook come with Miranda rights? With many recent legal cases hinging on information procured from Facebook and other social networking sites, lawyers are now debating under what circumstances that information can be gotten and used in court. Two recent opinions in NY courts agreed that lawyers can use the info as evidence, as long as lawyers draw within the proverbial lines...which are kinda complicated.

Much of the debate lies around the difference between public pages and private ones. The New York City Bar's opinion brings into account the manner in which the info was gotten; lawyers can go as far as to “friend” someone not represented by an attorney, so long as they make it clear why they are doing so, and who they are. But if someone unfriends you, can you use info you got from them before that happens?

"If I’m researching a case I’ll do Google searches. What’s the difference between that and looking at someone’s Facebook?" Carl Kaplan, senior appellate counsel at the Center for Appellate Litigation and a lecturer at Columbia Law School, told the NY Times. This all sounds pretty reasonable, although the timing seems a little convenient, unless it turns out that it's all been meta viral marketing for The Social Network, a movie whose background could be the rosetta stone of this issue.

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facebook

friending

laws

lawyers

miranda rights


Ben Yakas

Ben Yakas is a former Gothamist reporter.

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