How Social Media Giants Side With Prosecutors in Criminal Cases
Why can’t the defense have access, too?
You probably would not be surprised to learn that Facebook, Twitter, Instagram and other social media companies readily hand over their customers’ online content to cops and prosecutors who come armed with a court order or search warrant. But you may be surprised to learn that lawyers for those same social media giants say a federal law forbids them from sharing similar information with defense attorneys looking to help their clients.
The conflict is coming to a head in a California case that will test whether the law — the Stored Communications Act — conflicts with the constitutional rights of criminal defendants. The law, which was passed in 1986, bars companies from “knowingly” sharing information with anyone but the sender and
