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Judge demands social media passwords | 67 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Judge demands social media passwords
Authored by: Wol on Wednesday, November 21 2012 @ 05:08 PM EST
provide access - as in letting the police in, or giving them a key so they can
let themselves in whenever they want?

The problem with demanding passwords, is it's like demanding the PIN to your
bank card. It gives them the ability to pretend to be you.

Actually, this might be quite useful to the victim :-) Once you've handed over
the password, the evidential value of any further activity on the account is
nil, zip, nada!

Cheers,
Wol

[ Reply to This | Parent | # ]

Judge demands social media passwords
Authored by: kg on Thursday, November 22 2012 @ 03:33 PM EST
What's different in the digital age is that people
automatically retain a copy of their communications to
others. A ledger is a record of information that is kept for
personal or business reasons. And a search of the house may
come up with communications /from/ others. Search of
electronic accounts may turn up a plethora of data,
including deleted data and communications to others.

The situation is much different than evidence collection in
the past, because it is inherently incriminating. Your own
expression will be used against you, most likely by taking
it out of context. It would be like searching not only your
house, but the houses of everyone you ever communicated
with, after requiring everyone to keep every scrap of
communication they have ever received.

So in my view, revealing a password or getting a copy of the
account is inherently problematic.

[ Reply to This | Parent | # ]

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