Privacy Laws In Action

For many times, criticisms were hurled at government’s alleged inaction to protect internet privacy. This time, Facebook cites privacy law so as not to disclose a subscriber’s posts, thus protecting his privacy.

The name Killa Mobb is unheard of, but attained instant popularity just very recently. Way back in Halloween of 2008, Mobb together with co-members of a street gang, attacked a San Francisco man This happened at a gas station near Arden Fair mall. Mobb and six other gang members were convicted on June 25 of last year.

A new-trial motion was filed by Mobb’s lawyer Mike Wise. The defendants this time were Mobb and four other members. It was during this time that Facebook got involved.

Juror Arturo Ramirez has a Facebook account. It is here where he posted his thoughts about the just concluded Mobb trial. The giant social networking company refused to turn over the postings to the defense lawyers’ team that included Wise. Purposely, Wise and company were trying to find out if Ramirez was fair in his decision.

Despite two subpoenas issued by Wise, Facebook lawyers did not lift a finger to produce Ramirez’s postings. Wise even went to the extent of attaching to each subpoena orders signed by Judge Michael P. Kenney of the Sacramento Superior Court.

Due to inaction, Kenney ordered the company to show cause in order not to be charged for contempt of court. In response, Facebook lawyers acted with a motion to quash. However, it still asserted that it cannot turn over the postings to anybody. Under the Stored Communication Act, only a governmental entity with a search warrant or a court order could be given such documents.

On Ramirez’s side, he said his postings included nothing that would affect the merits of the case. Finally he expressed his willingness to turn over the said postings.

On one hand, this is an example of how privacy laws can protect the privacy of a person. In this case it is Juror Ramirez. On the other, Wise sees the law as interference to Mobb’s constitutional rights. He insisted that those postings might contain some evidence that would help his client’s case. Whether favorable to a person or otherwise, privacy laws are critical to his freedom.