Oct 06 2010Court Rules That “Private” Social Media Postings Are Discoverable
Even if you have (wisely) adjusted your Facebook settings so that your posts and photos are “private,” the information you share through social media may still be discoverable by third parties in certain circumstances.
A New York judge has recently held that social media providers may be required to provide access to postings designated as “private” (including archived and deleted posts) where the postings contradict claims made by the poster as part of a personal injury action.
In the New York case, the plaintiff had claimed that she suffered “serious permanent personal injuries” by falling off an allegedly defective desk chair. However, the public portions of the plaintiff’s Facebook and MySpace profiles revealed that the plaintiff engaged in physical activities inconsistent with claims she made in the litigation.
The defendant requested that access to all information on the plaintiff’s social media pages be provided. Although the plaintiff argued that accessing the “private” postings would be an invasion of privacy, and although Facebook opposed the request, the court ordered that the requested access to the “private” postings be provided.
The court explained that because the plaintiff had placed her physical condition in controversy, she could not prevent the disclosure of material relevant to the extent of her alleged injury.
Although this New York decision is arguably inconsistent with other court rulings on this issue, users of social media should be mindful of risks of disclosure of information posted on social media sites. A person involved in litigation or other controversies should post mindfully and with all due caution, given the risk that “private” posts may be discoverable.
Jul 28 2010Pop Quiz: Trademark Rights
Do you use trademarks? Follow this link to the MMBJ Business Counselor for a pop quiz that will help you navigate issues relating to trademarks:
Jul 28 2010Does Your Company Have Copyright Issues?
Are you wondering whether your business is using copyrighted material? Follow this link to the MMBJ Business Counselor for a pop quiz that will help you identify whether you have copyright issues:
www.mmbjlaw.com/news?article=does-your-company-have-copyright-issues
Feb 24 2010Is Online Privacy Dead? Stay Tuned for the Government’s Answer
Although the CEO of Facebook recently suggested that some aspects of privacy are a thing of the past, government regulation of online consumer privacy may be on the horizon.
Formal government safeguards on data management practices may result from the US Federal Trade Commission’s public roundtables addressing evolving consumer privacy issues. The FTC roundtables, which have included discussions with industry stakeholders and privacy advocates, were designed to study ways of protecting consumer privacy in online environments. So far, two roundtables have addressed the protection of privacy in cloud computing, social networking, and online behavioral advertising, among other issues. Privacy advocate groups have asked the FTC to regulate the industry rather than continue relying on industry self-regulation of privacy.
Another roundtable has been scheduled for March 17, 2010. See www.ftc.gov/bcp/workshops/privacyroundtables for further information.
Feb 22 2010Google Books Settlement Still Not a Done Deal
Although Google has entered into a settlement that would transform Google Books into a digital library and bookstore, the fate of the Google Books project now rests in the hands of Judge Denny Chin. The settlement between Google and the author/publisher plaintiffs, which has yet to be approved by the court, would give Google the right to index, display and sell full-text access to millions of books. On February 18, 2010, a hearing was held to consider the fairness of the proposed settlement. At that hearing, the United States Department of Justice, as well as many scholars, public interest groups, and other intellectually interested parties, spoke in opposition of the settlement, citing violations of antitrust and copyright laws and violations to consumer privacy, among other things. Time will tell whether the concerns raised regarding the project can be overcome.
Jan 15 2010The Inaugural Post.
Welcome to my blog!
I am Jennifer Puplava, and I am an attorney. I routinely assist my clients with technology law issues. My firm, Mika Meyers Beckett & Jones, is located in Grand Rapids, Michigan.
So what can you expect to see here? This blog will be devoted to technology law. You will find my comments about content regulation and first amendment issues, protection of intellectual property, e-commerce, contracting and licensing, spam, privacy and publicity, and other legal issues relating to technology. I hope to be able to provide helpful information regarding technology law.
Please understand that because the law, the facts, and the client make every case unique, the postings on this blog are not legal advice. Your comments are welcome, but be warned that your posts are not confidential, and I retain the right to edit or delete them if I deem them to be inappropriate. Also, by posting anything, you authorize me to use your post for any purpose.
If you would like additional information about me, please visit my firm's website at mmbjlaw.com. Also, feel free to comment on posts or email me directly, or connect with me on LinkedIn.
Technology law is a constantly evolving field, with lots of complexities and new developments, and I'm excited to be here to share them with you. I will do my best to put new content up on the blog as often as possible, so be sure to check back often.
Jennifer A. Puplava
Attorney- Technology and Intellectual Property Law
- Internet Law
- Communications and Media Law
- Trademark and Copyright
- Litigation
Because the law, the facts, and the client make every case unique, the postings on this blog are not legal advice. Your comments are welcome, but be warned that your posts are not confidential, and I retain the right to edit or delete them if I deem them to be inappropriate. Also, by posting anything, you authorize me to use it for any purpose.
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- Court Rules That “Private” Social Media Postings Are Discoverable
- Pop Quiz: Trademark Rights
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- Is Online Privacy Dead? Stay Tuned for the Government’s Answer
- Google Books Settlement Still Not a Done Deal
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