Facebook, in terms of number of members, is now the world’s third
largest country – beaten only by China and India. The sheer size of its
“population” brings with it a huge number of complex legal questions and
issues. Outside the virtual world, things commented upon, posted and
“liked” can have very real ramifications, not the least of which can
apply in the context of family law.
Many people now have a Facebook account. They will
regularly interact with their own wall and view or interact with other
people’s walls. In doing so, they leave behind a virtual trail that can,
and in many cases will, be used against them.
Take the situation
where a husband and wife have broken up; it does not take much
imagination to see how or why information, which is freely accessible to
the other party, could be accessed, downloaded, printed and lodged in
Court. Even when a husband or wife “unfriends” their separated partner,
what of their mutual “friends” who may be allowing their aggrieved
spouse to view and access their information?
Outwith the context
of husband and wife, it is also easy to foresee a situation where
photographs uploaded by a child and accessed by their parent could end
up in court to be used against the other parent in some way. Photographs
of a child’s drawings on the living room wall that one parent views as
innocent could be used as evidence that the parent cannot control the
child. Photographs of a gathering of friends could be used to illustrate
that one parent leads a wild lifestyle that is inappropriate for the
care of a child. Things said, commented upon or liked can all be printed
and put before the eyes of the Court. In the cold light of day, it
becomes apparent that a picture still tells a thousand words.
Privacy
settings can go some way in limiting who can access your information
and how they can interact with that. However, as mentioned above, that
doesn’t prevent a friend, or someone pretending to be a friend, from
accessing your information. Furthermore, information that you believe is
secure may be accessible by someone who knows enough about you to take a
few well educated guesses at your password. Facebook of course, assists
this by providing evidence of your likes, your family members, your
pet’s name and so on.
For
example, if you add your mother as a family member and your mother has
both her married name and maiden name visible, the usual password of
your mother’s maiden name no longer seems so secure. This is
particularly so if the person trying to access your account knows your
date of birth. “Smith81″ is now not looking as secure a password as you
once thought it was.
Information may also be accessible through
more insidious means, such as through the employment of personal
investigators specialised in accessing electronic information. The
methods in which this information is obtained may not be legal or
appropriate, but once the information is in the hands of an opponent,
there may be little you can do to stop it being redistributed anywhere
and to anyone.
It is trite to say that one should be wary of what
information one releases online. However, in cases involving complex
emotional and legal issues, this is especially important. It is easy to
forget that the information we distribute freely may end up in the wrong
hands or be used for purposes that could not have been imagined when
that information was shared. It is important to remain wary about the
possible uses of information which is shared without a thought, but
which may be thought about more considerably in different surroundings.