ANOTHER PITFALL OF SOCIAL NETWORKING

Here is another thought associated with the problems that may attend social networking.

Just recently, I read an article written in the New Jersey Law Journal, where the author suggested that the information posted on these sites can be used to obtain insight into a potential juror or witness and even a potential business associate.

The author beleives, as I do, that people who participate in social networking on the internet tend to disclose more of themselves then in a person-to-person conversation and while some services do not allow full access to the subscriber's profile information unless you are a "friend," others are not so restrictive.

Again, be very careful of the information you post on a social network site.

SOCIAL NETWORKING AND THE CRIMINAL JUSTICE SYSTEM

From time to time I have explained on this site that the government will use information posted on social network sites like Facebook and MySpace to obtain information to assist in investigating criminal conduct or in prosecuting a criminal case.

Recently, I read about a controversy brooding in Italy, where Sicilian authorities began investigating Facebook discussion groups glorifying high-ranking Mafia figures and offering enlistment into the criminal organization. Italy authorities are interested in identifying these pro-mafia internet groups to determine if they are simply goofing adolescents or criminals seeking to send coded messages to one another. Unfortunately, for the government, these groups seem to disappear from the internet at the most opportune moments.

A spokesperson for Facebook said that while the company could not voluntarily disclose the identity of the members subject of the Italian government’s investigation, it may be required to disclose that information, if subpoenaed or ordered by a court. Ostensibly, the identity of members of these pro-mafia groups are a mere signature away from disclosure.

The Pitfalls of Social Networking in Criminal Investigations and Prosecutions

For quite sometime, we have been advising our clients who are subject of criminal investigations or prosecutions to remove and/or censor information they may have posted on social network sites, e.g. Facebook, Myspace, etc. There are many instances where government will review content on these sites to collect information to further enhance its investigation or its prosecution.

Recently, I read about two cases "downunder" where law enforcement agents used information in Facebook to apprehend criminals. In one instance in New Zealand, a security camera captured a criminal attempting to break into a safe at a local pub. After the event, the police department posted the surveillance photographs on its Facebook page. Within 24 hours, the subject was arrested because viewers of the website readily identified his image. In antoher case, five customers "dined-and- dashed" on a check at an expensive restaurant. Thereafter, the owner remembered that one of the diner's asked about a former waitress. The waitress suggested that the owner search her Facebook list to determine if the criminal could be identified. He was and an arrest followed.

The lessons from these cases are clear. While social networking can be an exciting opportunity to maintain contact with friends and family and to develop new relationships, there is a dangerous downside.

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