Facebook "Wall" is Private

Posted on August 7, 2012 by Seth Bader

 On May 26, 2010, the U.S. District Court for the Central District of California ruled that, under the Stored Communications Act of 1986, postings to a user's Facebook "wall" are considered private so long as the user has his privacy settings set such that only "friends" can see the wall postings; consequently, such private communications are not subject to discovery in a civil proceeding. Crispin v. Christian Audigier, Inc., 717 F. Supp. 2d 965 (C.D. Calif. May 26, 2010). In reaching this decision, the court held that it makes no difference whether the Facebook user at issue has thousands of "friends," rendering the user's network potentially very large.

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Ryan Montgomery Law - August 10, 2012 8:42 PM

Great blog. This is always an issue for both sides of the pew. Many insurance adjusters will search the facebook pages of injured workers to see if they are working, vacationing, etc. One of our do's and dont's in comp cases is to make your page private!
www.RyanMontgomeryLaw.com

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