Comments on: More on Facebook Evidence http://www.slaw.ca/2009/05/12/more-on-facebook-evidence/ Canada's online legal magazine Thu, 09 Feb 2012 23:12:15 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Pam Egan http://www.slaw.ca/2009/05/12/more-on-facebook-evidence/comment-page-1/#comment-704642 Pam Egan Thu, 14 May 2009 06:41:46 +0000 http://www.slaw.ca/?p=8593#comment-704642 I wonder why judges are "ordering" people to turn over this information. I think the system would be better for all involved parties if the responsibility lied with the attorneys to find a Facebook "friend" willing to testify against someone and provide them with enough monetary incentive to actually get them to do it. I don't like that judges are unnecessarily circumventing this option via totalitarian orders. I wonder why judges are "ordering" people to turn over this information. I think the system would be better for all involved parties if the responsibility lied with the attorneys to find a Facebook "friend" willing to testify against someone and provide them with enough monetary incentive to actually get them to do it.

I don't like that judges are unnecessarily circumventing this option via totalitarian orders.

]]> By: Allan Rouben http://www.slaw.ca/2009/05/12/more-on-facebook-evidence/comment-page-1/#comment-704599 Allan Rouben Tue, 12 May 2009 17:56:26 +0000 http://www.slaw.ca/?p=8593#comment-704599 Well stated. This issue is bound to come up with increasing frequency. In bringing a legal action, a party impliedly surrenders privacy over information that can be considered relevant to the action. It's really no different than medical records which would otherwise be private but which must be produced in a personal injury claim. The difficulty with Facebook is sorting out what is relevant - see <a href="http://allanrouben.com/blog/?p=32" rel="nofollow">http://allanrouben.com/blog/?p=32</a>. Well stated. This issue is bound to come up with increasing frequency. In bringing a legal action, a party impliedly surrenders privacy over information that can be considered relevant to the action. It's really no different than medical records which would otherwise be private but which must be produced in a personal injury claim. The difficulty with Facebook is sorting out what is relevant – see http://allanrouben.com/blog/?p=32.

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