California high court to rule on social media access

Legal News Feed

The California Supreme Court will decide whether Facebook and other social media companies must turn over user content to criminal

defendants.

The justices are expected to rule Thursday in a case that has pitted some of Silicon Valley's biggest companies against public defenders.

At issue are requests by a defendant accused in a San Francisco slaying who wants videos and other content posted to Facebook and

Instagram by the victim and a witness. The defendant, Lee Sullivan, and a co-defendant, Derrick Hunter, also sought information from

Twitter.

Prosecutors charged the two men with murder in an alleged gang-related drive-by-shooting in 2013. Sullivan said the witness was his

former girlfriend, and her social media posts would show she was jealous and angry because Sullivan was involved with other women.

The defendants say their constitutional right to a fair trial entitles them to the social media records to prepare their case. Attorneys for

the companies say a federal privacy law prevents the release of user content, and the defendants have other ways to get the material.

They could ask the witness for her social media content and get the victim's information from prosecutors, who obtained a search

warrant for his Facebook and Instagram accounts and are required to turn over any exculpatory evidence to the defense, the company's

attorneys, Eric Miller and James Snell, wrote in a brief to the California Supreme Court.

Sullivan's attorneys have said they could not locate the witness to serve her with a subpoena. Both defendants also say access only to

records that support the prosecution's theory of the case does not allow them to mount a complete defense, according to a 2015

appeals court ruling.

That ruling sided with the social media companies and rejected Sullivan and Hunter's requests for information.

"Criminal defendants are looking for a one-stop-shop, a fast lane to get the materials that social media sites might have," said Eric

Goldman, co-director of the High Tech Law Institute at Santa Clara University School of Law.

A decision by the California Supreme Court that overturns the appeals court ruling and sides with the defendants "could substantially

change companies' practices," Goldman said.

Google in a brief filed in the case warned that loosening the rules around releasing information would undermine users' confidence in the

privacy of their communications and "greatly increase" its burden from requests to disclose user information.

San Francisco's public defender's office countered in its own brief that prosecutors are increasingly offering social media records as

evidence and "defendants have a parallel need for these records to defend against charges."

Related listings

  • Judge allows Palin's son therapeutic court for proceedings

    Judge allows Palin's son therapeutic court for proceedings

    Legal News Feed 05/15/2018

    The eldest son of former Republican vice presidential candidate Sarah Palin will go through Alaska's therapeutic court system in a criminal case accusing him of assaulting his father last year at the family home.State District Judge David Wallace on ...

  • Court rules that Kushner firm must disclose partners' names

    Court rules that Kushner firm must disclose partners' names

    Legal News Feed 01/26/2018

    A federal judge ruled Friday that the family company once run by Jared Kushner isn't allowed to keep secret the identity of its business partners in several Maryland properties.A U.S. district judge in the state rejected the argument that the privacy...

  • Thai court drops royal insult charges against academic

    Thai court drops royal insult charges against academic

    Legal News Feed 01/11/2018

    A Thai military court on Wednesday dropped royal insult charges against an 84-year old historian who questioned whether a Thai king had actually defeated a Burmese adversary in combat on elephant-back over 500 years ago.Sulak Sivaraksa was charged in...

Victorville CA DUI defense Attorneys

The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.

The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.

Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .

Business News

St Peters, MO Professional License Attorney Attorney John Lynch has been the go-to choice for many professionals facing administrative sanction. >> read