Facebook Bid to Shield Data From the Law Fails, So Far

Facebook and the Manhattan district attorney’s office are in a bitter fight over the government’s demand for the contents of hundreds of Facebook accounts.

Facebook argues that Manhattan prosecutors violated the constitutional right of its users to be free of unreasonable searches by demanding nearly complete account data on 381 people, ranging from pages they had liked to photos and private messages. When the social networking company fought the data demands, a New York judge ruled that Facebook had no standing to contest the search warrants since it was simply an online repository of data, not a target of the criminal investigation. To protect the secrecy of the investigation, the judge also barred the company from informing the affected users, a decision that prevented the individuals from fighting the data requests themselves. The case, which is now on appeal, pits the Fourth Amendment right to be free from unreasonable searches by the government against the needs of prosecutors to seek evidence from the digital sources where people increasingly store their most sensitive data.