California court: Defendants get crack at some social media
SAN FRANCISCO — Facebook and other social media companies can be compelled to give criminal defendants preparing for trial user content that is already public, California’s highest court ruled Thursday.
The state Supreme Court’s ruling gives an opening to defence lawyers whose requests for information have been ignored by social media companies that argue a federal privacy law prevents its release.
Specifically, the high court rejected an appellate court’s ruling that providers were barred from disclosing communications that were set by the user to be public, and that remained public at the time defendants issued subpoenas to the companies.
The case has pitted some of Silicon Valley’s biggest companies against public defenders, who say they need equal access to mount a proper defence. Attorneys for the companies have argued that defendants have other ways to get the material.