FREE e-Newsletter
Important News - Hot Topics
Get them Now!

Cobalt Software Platform - Mark43
Mark43's Cobalt software platform unites a set of law enforcement tools securely...

No upcoming webinars scheduled

Top News

Facebook Loses Appeal on New York Search Warrants

July 22, 2015  | 

A New York state appeals court ruled on Tuesday that Facebook had no legal standing to challenge search warrants on behalf of its customers, a decision that dealt a blow to civil libertarians and social media companies seeking to expand Internet privacy, reports the New York Times.

Upholding a lower court decision, the five-judge panel in Manhattan said that under state and federal law only a defendant can challenge a search warrant, and it must be done during a hearing before trial. At that point, defendants can move to have evidence thrown out as the fruit of an illegal search.

But Facebook, as the online entity storing material, does not have the power to ask a judge to throw out search warrants before they have been executed, said Judge Dianne T. Renwick, who wrote the unanimous opinion. “There is no constitutional or statutory right to challenge an allegedly defective warrant before it is executed,” she wrote.

Judge Renwick rejected Facebook’s argument that it should be able to challenge what it sees as illegal searches of its customers’ files. The company argued that such warrants differ from physical searches of an office or a home, since Facebook must perform the task for the police. As a result, the company contended, search warrants served on social media sites are akin to civil subpoenas for records, which may be challenged in court.

The case — known formally as “In Re 381 Search Warrants Directed to Facebook Inc.” — has been closely watched as a test case by civil libertarians and other social media companies. Several tech giants, including Google, LinkedIn and Twitter, have filed amicus briefs. So has the New York Civil Liberties Union.

The judges said that in their reading, the federal Stored Communications Act allows Internet service providers to object to subpoenas and court orders, but not to search warrants.


Be the first to comment on this story





POLICE Magazine does not tolerate comments that include profanity, personal attacks or antisocial behavior (such as "spamming" or "trolling"). This and other inappropriate content or material will be removed. We reserve the right to block any user who violates this, including removing all content posted by that user.

Other Recent News

Video: CA Agency Equips Officers with Smartphone Body Cameras Powered by Visual Labs Software
The Fontana (CA) Police Department is equipping its officers with smartphones loaded with...
Video: LAPD Asks Police Commission to Approve Drone Program
LAPD Assistant Chief Beatrice Girmala presented the department’s plan for a pilot program...
AngelTrax Moves All Operations to Larger Location
AngelTrax, a leading provider of mobile video surveillance solutions, recently relocated...

Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of nearly 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine