Headline Intellectual Property

Everything Stored on Facebook is Discoverable

This past week, I was published in the NYU School of Law IP and Entertainment Law Ledger.  The piece, titled, “You May Not ‘Like’ This Title: Everything Stored On Facebook Is Discoverable,” takes a look at how Facebook’s content may be used as evidence in a lawsuit.  Content that we publish on our Walls and even private messages may be discoverable in litigation, even when the information sought is unavailable through Facebook’s privacy settings.

Here is a section from the article:

Any privacy granted to a Facebook user is only temporary, as Facebook, at any point in time and at its complete discretion, may…disclose Published Facebook Content to, not only a court of law, but also a private company, attorney, or other governmental entity.  Even if Facebook attempts to protect a user’s privacy rights, a court may deem that the Published Facebook Content is discoverable.  While there is a deep concern regarding Facebook’s apparent willingness to share Published Facebook Content with companies, lawyers, courts and other government entities, this discussion will focus exclusively on a court’s effort to require Facebook to produce information.

Read the entire article in its entirety, by clicking here.