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NY court slaps down Facebook's attempt to keep accounts secret from search warrants

Anonymous Coward
Anonymous Coward

Abuse of disability cases have a tendency to be based on issues with very little hard evidence, like back pain or emotional trauma. While these can certainly be major disabling issues, what should the investigator's do when they receive complaints based on photos of someone on vacation that they posted to Facebook, for example? Keep in mind these may not be posted by the person on disability.

Person X reports photos posted by person Y who was on vacation with person Z, showing Z not looking disabled. Y and Z promptly delete their photos. Getting a warrant for person Y and Z's Facebook accounts seems like a reasonable thing to do - and perhaps person X as well, to see how reliable a witness he is (does he Photoshop a lot with Y), or anyone else on the vacation.

An alternative - a warrant for person's Z's home and everything on all their electronic devices seems rather intrusive by comparison.

Even then, this is just evidence gathering, approved by a judge. Whether they later argue that the person had taken a lot of pain killers and thus was able to do some limited movement not in a wheelchair, or there is a problem with doing cartwheels down the beach making disabling back pains unlikely is more an issue for a trial.

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