Judge Orders Divorcing Couple to Swap Facebook Passwords

Yes I can see why the judge did this. However the problem is where does it end? Looks a little steep imo.

When the technology becomes possible, will judge's be allowed to give out the password to our minds?

Stop posting isht online ... that's why I don't have facebook, or any of that isht ... oh wait never mind!

not in the right at all.

.

when you stop living your lives online

i read an article which did a study on american divorces due to marital unfaithfulness and it showed the majority of them used a social media website to plan and exploit the affair. In this case, the judge is trying to see if the mother is fit for parent hood (and it's implied she was unfaithful) I'm betting the reason this was allowed was because they had reason to suspect she had plotted certain activities that would prove her inability to be a proper and responsible parent. Many cheaters can still provide for a kid; however, i suspect something more serious was expected to be found, talking about drug usage or something that you can objectively say 'unfit for parenting,' but that's just my speculation.

This is merely and example of a modern-day search warrant. If there is enough reason to suspect that they could be hiding evidence via messaging on facebook or other online social media, the judge has every right to do this.

How is this any different then if the wife or husband had a safe in the house with letters from their "affairs" inside that may prove or disprove some type of wrong doing.

I suppose it depends on what you're giving up a password to..I'd say it'd be more appropriate for them to have a live session of logging in and searching, rather giving up a password. Giving away a password can give away more than just that facebook account..and could end up being a hassle down the road (people open their mouths and before you know it everyone has the password).

Who needs passwords?

Just Subpoena the Web Service for ALL data records of the people in question.


I'm shocked the lawyers didn't ask the judge to just subpoena the entire data history of the Facebook accounts or both people for discovery purposes.

Maybe if they didn't spend all their lives on Facebook they wouldn't be getting divorced in the first place.

But unfortunately thats how people live and it's only going to get more intense as more tools arise.

Uh-oh... I'll go cancel my Facebook account right now. Oh wait, I don't have one.

What a joke!

Let no corrupting talk come out of your mouths, but only such as is good for building up, as fits the occasion, that it may give grace to those who hear.

What is there to hide?

Just what we need, another reason to hate facebook. yay

This has nothing to do with the judge's decision or the hatred of facebook, but it has everything to do with the will and consequences of this previously married couple. If I were them, I'd work this part out, perhaps even reconcile and forgive, if their love is meant to last. This swapping of passwords won't be healthy for either of them, although, if they are sticking to their decision of divorce, then just carry on , but don't be disrespectful of each other on facebook. Still this is one of the creepiest stories concerning married couples I have probably encountered to date. FB is already creepy, but this takes it to a whole new level of creepiness. sad, really.

It's HER Facebook account. If someone wants to divorce me and take my house it's mine to sell. If someone wants to bring up personal times it's mine to throw away.

Blatant invasion of privacy runs rampant when people know nothing about technology or ethical judgement.

You realize yu can cahnge th epassword right?

If there marriage is meant to last then the swapping of facebook passwords won't make a difference. Either you can deal with your partner being a cheating w hore ore you can't. It's pretty much that simple.

It's a custody battle , you can seek evidence however the law allows.

Nope do not support the decision. Ya sure ill give them access, kinda like how someone lets you into your home when you flash a search warrant, but I will not give them a copy of my hose keys, just because they say we won't abuse it.

I look at it this way. If they are the real deal, then they should not need my password, if not then there just looking to steal stuff. If they are the real deal and trying to get your password... there still trying to just steal stuff...

The warning still rules all! its in every online video game! and that is "the administrator will not ask for your password, please do not give it out to any one." Find administrator, I see him as the land lord he can let you in.

What happens when I respond with "hmmm, you know I just can't seem to remember what my password is...."

This is in no way a modern search warrant, especially since it's not being carried out by some sort of law enforcement agency. This steps far beyond the bounds of e-discovery (the industry term for what's supposedly going on here) and directly infringes upon privacy law. The order is illegal.

There are already well established practices and law for e-discovery which are in play every day in corporations. Just because it would be (and is) excessively burdensome for an individual (and even a corporation) in a situation like this to review all possibly related material and turn over responsive documents, it does not change the fact that THAT is what the law requires, NOT full disclosure of all information. Full disclosure is actually frowned upon due to the information overload of irrelevant documents.

Also, it's just f'ed up.

If you don't trust your spouse with ALL of your password then there is no trust in the marriage or shouldn't get married if your are thinking about it.

In which case it would be considered evidence against you if some how you do not know the password OR any way to recover the account. Who forgets everything that easily? That's like having a search warrant for your house then locking the keys inside...do you really think that will fly in court?

Your Facebook account is your own. If you own something, you should have control over it until it is legally, nolonger in your posession.

RULE 1: One should NEVER write anything anywhere especially concerning web, email, text, etc. if he/she is not fine with every single person in the world having a chance to find out about it. You may have a legal right to privacy in most circumstances, but that doesn't make one immuned to investigations, hackers, and other nefarious acts perpetrated against one freedoms.

that is why you should create multiple facebook accounts using dummy aliases when you're going to do silly things

If you're going to post something online then you are signing away any right to privacy that you may have had. I completely agree with the judge on this case. It was also mentioned in the article that this case involved a custody battle as well. I would want my kids to go to the best parent available, so giving up the info to my Facebook would be seen as inconsequential in my eyes.

The whole thing will fall apart soon enough.
The court instructing the individuals to give up their passwords will be shown to be unconstitutional. Anyone in legal proceedings has the right to not provide testimony that would incriminate them. As such, the wife could exercise her fifth amendment right to block this invasion of privacy.
I'd also ask: what led her to have an affair. Marriages never break down because of one person's actions, both parties must shoulder some blame.
Even though she may have been unfaithful, many spouses in the same situation are able to win custody of their kids. Infidelity in marriage is not an indicator of whether a person can be a fit parent.

You can change your passwords afterwards. They don't have access to your stuff forever. They just are getting access to show whether or not incriminating messages/information exist. If she wasn't doing anything that would incriminate her, they'd come away empty handed. You should note that they also handed over the husband's password, so the other side has equal access! Both of them will need to change their passwords afterwards, of course.

Anyway, her behavior seems really suspect. Texting a friend to tell them to hastily delete things? Setting up accounts on multiple dating sites while you're married? Yeah, about that.

Ahahaha, i told you, I TOLD YOU!

Honestly this might sound a bit like a tin-foil hat conspiracy theorist, but the only way people at Facebook make a living is by collecting details about you and your life.

Facebook will hand over every thing in your account to Police should they come looking, and don't believe for a second that anything you delete is gone. WELCOME TO THE CLOUD, enjoy shitty remote-based apps, where someone else wants to 'conveniently' store all your data for you. never worry about losing your data again!