MySpace, Facebook Privacy Limits Tested in Emotional Distress Suit
June 15th, 2007

The operators of MySpace and Facebook social networking sites assure their millions of subscribers that only designated “friends” can read registrants’ private postings.

But do the postings stay private if the registrant becomes the plaintiff in an emotional distress case? Can the defendant get the texts of MySpace and Facebook messages to support a defense that the distress claim is bogus?

And is the expectation of privacy by users of such sites higher than it is for customers of common e-mail providers such as Microsoft and Comcast?

A New Jersey judge weighed those questions and gave a preliminary answer: Without a particularized showing that the texts are relevant, the plaintiff’s privacy interests prevail.

read more of Henry Gottlieb New Jersey Law Journal at

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