Facebook Continues to Fight Against Disclosure of Content Under SCA, But Not Against Government

According to a recent article in Oregon Live, Facebook continues to shield itself from subpoenas for user content based on the Stored Communications Act, a 1986 federal law that created 4th Amendment-like privacy protections for electronically transmitted or stored communications.  However, because of the Act permits law enforcement subpoenas in some circumstances, the effect is that government has an advantage in gaining access to potentially relevant information compared with criminal defendants and civil litigants.  While the applicability of a 1986 law to Facebook posts may be worthy of debate, at least in the case of civil litigants, both sides are equally impaired in obtaining content from Facebook.  It is troubling, however, that criminal defendants are at a disadvantage compared with the government prosecuting them.  While prosecutors typically must turn over all of their evidence to the defense, including potentially exonerating evidence, there is usually nothing to require a prosecutor to subpoena Facebook content they otherwise would not need.

CyberTorts: What the Kids Are Doing

In 2010 I posted predicting the revival of privacy torts through online social media.  Unfortunately for lots of folks who have come to us, and too many others, I was right.

On Friday Courtney and I traveled to Portland so I could speak about CyberTorts at the Western Regional Conference for USLSA, the University Student Legal Services Association.

For those of you who don't know, SLS programs around the country serve university students at low or no cost with the help of supervised interns (third year law students).  It's a fantastic program for students, who are often targeted because it is assumed they lack the knowledge and resources to protect themselves.  It's also a fantastic program for law students, who get the experience of managing real cases and helping real clients long before they ordinarily would in private practice.

My job was to provide some insight and resources for SLS program supervising lawyers, and their interns, to fight back against online bullying, harassment, invasion of privacy, and defamation.  These problems are typical to the college-age populations they serve.  The SLS supervisors from around the country were a fun bunch with a great sense of humor and fierce curiosity.

Seattle to Require Health Code Inspection of All Rental Properties

The Seattle City Council today unanimously adopted a program requiring the registration and inspection of all residential rental properties in Seattle.  Implementation of the program begins in 2014.

The new law requires landlords to complete a checklist certification that units meet City health and safety code.  Units will be inspected every five years.  See more in this article.

Ackley Law Group Represents Two in Nationwide Tattoo Ink Infection Outbreak

Health officials have traced an outbreak of tattoo infections, causing bubbly rashes, not to problems with the needles or equipment sterilization, but to infected ink.  Specifically, the infection is traced to contaminated water used in making the ink.  Read the full CBS News article here.

Ackley Law Group represents two individuals in Washington State with infections caused by tattoo ink.  The culprit bacteria can cause itchy and painful blisters that often require antibiotics with serious side effects, and months of treatment, to clear up.

Both the federal Center for Disease Control and our local Department of Public Health have investigated the outbreak.  

 

Ackley Law Group Assists Man Targeted By Online Embarrassment Extortion Scam

If it seems illegal, it probably is.  This is what 29 year old Alan Chalfant of Tacoma suspected and confirmed after he was targeted for embarrassment and extortion by the site baitmymate.com.  Alan was part of an ordinary dating website plentyoffish.com, where he contacted a girl he thought was pretty.   The girl led him to a Facebook chat page and then abruptly ended all contact.  Later, Alan found out the chat and his real name and information were posted by Baitmymate, listing him as a busted cheater.  The problem?  Alan was not in a relationship.

After contacting the site, the "removal department" indicated that someone had paid them to stage the conversation, lure him into a chat room, and post Alan's information.  The problem?  Alan initiated the conversation with the "woman."  The "removal department" emphasizes the embarrassing exposure caused by their posts, dismisses any legal ramifications of their actions, and even goes so far as to offer him a payment plan on the cost to take down the embarrassing post.  Baitmymate has victimized people all over the country in similar fashion, and appears to be doing so with impunity.

Baitmymate.com is registered through Moniker Privacy Services, a domain registration company that refuses, absent legal compulsion, to reveal the true identity of the web domain registrant.  The IP address associated with the site has been linked to Panama, but may originate elsewhere.

Thanks to a story by Brandi Kruse at KIRO 97.3 FM, the Department of Justice is currently investigating scams such as this.

If you are a victim of an internet-based crime, file a complaint with the IC3 (Internet Crime Complaint Center).

Andrew Ackley on Protecting Your Rental Deposit as a Tenant

I recently spoke with Brandi Kruse of KIRO 97.3 FM here in Seattle about protecting your rental deposit as a tenant in Washington.  Link for the article and news piece is here.

Andrew Ackley Speaking at National Seminar on Social Media in Personal Injury Discovery

Fellow Lawyers:

Here is the link to sign up for the seminar and CLE credit.  In the materials you will get a list and summary of most of the on-point cases from around the country.  Never go searching through Blawgs and offbeat news again for support!

Andrew