Crime

We Now Know What Info Facebook Turns Over to the Cops When Subpoenaed

How long your information is stored and how it could be obtained by the authorities — with or without a warrant — varies greatly among social networks. Some site are more transparent about their policies and how often your information is given to law enforcement, while others keep mum.

Facebook is one of the latter and until now insight into its subpoena process was pretty cloudy. The Boston Phoenix Blog, which recently covered a story about the “digital investigation” of a “Craigslist killer,” has shed light into what Facebook’s response to a subpoena looks like and what’s in it. The blog believes it is the first time anyone has ever seen exactly what Facebook will provide law enforcement when subpoenaed.

Heres What Facebook Provides Law Enforcement When Subpoenaed

The file Facebook provided Boston PD after it was subpoenaed included information like photos both uploaded and tagged of the subject under investigation. This information was obtained by the Boston Phoenix from a FOIA request to the Boston PD. (Image: Subpoena Philip Markoff via Boston Phoenix)

Most information on private online accounts hosted by third-party servers, including email accounts, falls under the Electronic Communications Privacy Act, which states information can be accessed without a warrant if it is six months old or older, and the Stored Communications Act. Last year, Facebook released its guidelines for how it will provide information to authorities asking for it, but this was only after some of its procedures were leaked.

(Related: Leaked: Company guidelines for how cops can access your private online accounts)

Unlike Google, which is very transparent about how often authorities request private user information, Facebook does not release the number of requests it gets. It does state in the guidelines though that information from the site can be obtained from authorities in accordance with the Stored Communications Act. It requires requests to be accompanied with a valid subpoena, a court order or warrant.

As part of its piece on the inner workings of a digital investigation into a so-called Craigslist killer, the Boston Phoenix has felt the information it obtained from the Boston Police Department on what authorities received from Facebook was particularly important to share publicly. The Phoenix reports that the information provided by Facebook on the killer — Philip Markoff who was indited of first degree murder among other charges in 2009 and committed suicide in 2010 — included wall posts, photos (uploaded and ones in which he was tagged), friend lists (with their Facebook IDs) and login and IP information.

Heres What Facebook Provides Law Enforcement When Subpoenaed

A bulletin board created by police officials shows mug shots of Philip Markoff who was charged in connection with the 2008 shooting death of New York City masseuse Julissa Brisman, as well as photos of evidence that police say connect Markoff to the killing. (Photo: AP/Steven Senne)

The Phoenix has released the documents it obtained from the Boston PD’s case file, redacting much of the sensitive, personal information of friends of Markoff who may have been included in the documents Facebook gave to authorities. What is the Phoenix hoping will happen by making public this information? It states, “we’re hoping the social media, law, and privacy experts out there can glean insight from it.”

Tech Crunch, which has reviewed the documents, states this information reveals two things: 1) your record on Facebook is pretty comprehensive and much of it will be shared with authorities who have the proper grounds to obtain it; and 2) the information provided by Facebook isn’t just on the subpoenaed target but also “intersects with a bunch of people who had nothing to do with the investigation.”

The Atlantic Wire has more on how this latter bit of information — how much is revealed about people associated on Facebook with a person under investigation — could be the most interesting facet of what Facebook provides authorities:

Perhaps most worrying for people who aren’t currently under a police investigation is that it also included a full list of the user IDs and full names of everyone the target was friends with. That means if police subpoena the profiled a criminal and you’re “friends” with them, you’re now permanently connected to them. Does this mean you could consorting online with a known felon?

It doesn’t seem as if this particular investigation expanded to anyone beyond the main suspect, but it wouldn’t take much imagination for police to use that list to start asking Facebook for more profiles, if only to widen the dragnet. If you posted a photo of criminal, maybe they want to know what else might you have posted and who else might you be talking to online?

Check out the Facebook documents on the Markoff case obtained by the Phoenix from the Boston PD:

[H/T Huffington Post]

Comments (23)

  • TWINVEESRT8
    Posted on April 10, 2012 at 8:42am

    Is there a social media site that doesnt track you like evil facebook and twitter? i would like to know..

    Report Post » TWINVEESRT8  
  • nosharia
    Posted on April 9, 2012 at 9:57pm

    Stay off the grid. Nobody needs to know what you had for breakfast.

    Report Post »  
  • godflesh
    Posted on April 9, 2012 at 6:47pm

    I deleted my myface and spacebook accounts and never had a twitter. I could see where this was going before it had a chance to get there. Everything you type and every website you visit becomes a part of a permanent record that any agency can access at any point for any or no reason at all. The “I‘m not doing anything wrong so I don’t have anything to worry about” idea is bunk and you should know it by now. Somebody somewhere will eventually find something that they can use against you. The noose is tightening.

    Report Post »  
  • Bill Wallace
    Posted on April 9, 2012 at 12:06pm

    Am the same as pontiac.

    I don’t do social media sites.

    Report Post »  
    • Jaycen
      Posted on April 9, 2012 at 2:04pm

      Yep, I’ve closed down (I know, the data is still there) any account I had open several month ago. The only one I keep open is LinkedIn, but that’s a professional site, and I don’t really use it like a “social site”. I don’t even participate in discussions on it.

      Report Post » Jaycen  
    • Shiroi Raion
      Posted on April 9, 2012 at 3:14pm

      I don’t use Facebook, Twitter, Google…
      I searched for my name on the net and found almost nothing. Even the people finder sites… half of them don’t seem to know I even exist. One site though had a disturbing amount of info available though. Without an account, I was able to get my age, address, some of my previous addresses going back more than 20 years, a list of my family members, they even had a picture of my truck and the front of my house!

      Report Post » Shiroi Raion  
  • Pontiac
    Posted on April 9, 2012 at 11:53am

    Another reason I don‘t use frig’n facebook or any other social media site.

    Report Post » Pontiac  
  • cemerius
    Posted on April 9, 2012 at 11:51am

    Information overload! There are MILLIONS of FB accounts and to think that “you” are the one being targeted is silly! Tin foil hats shoud be thrown away and you should embrace your freedoms!!! Being a retired combat veteran I know I am on some kind of “list” already…NO MATTER what I may post or not post on FB or The Blaze! For those employers demanding my password, GTH I would rather flip burgers than work for a company that infringes on my God given right to freedom of expression!!!!

    Report Post » cemerius  
    • llotus
      Posted on April 9, 2012 at 12:15pm

      cemerius……the day may come when it is not silly at all. Just a fear. And I dont wear a tin foil hat . Lotus.

      Report Post »  
    • Lover of America
      Posted on April 9, 2012 at 6:15pm

      I agree, if you have nothing to hide then what do you care?

      Report Post »  
  • Daveed
    Posted on April 9, 2012 at 11:44am

    It is amazing the loss of privacy except for the current temporary prez.

    Report Post »  
  • Small World
    Posted on April 9, 2012 at 11:39am

    I don’t do facebook or twitter and avoid google.I wish Glenn & Rush & many others would find another way to stay connected. I only do e-mail and don’t feel real safe there either.

    Report Post »  
  • JP4JOY
    Posted on April 9, 2012 at 11:11am

    People should be aware by now that ANYTHING that is sent over the internet becomes public information if the authorities feel they need it, constitution be damned. Too bad WE can‘t get BO’s postings!! I’m sure he too has incriminated himself but Executive Privilege is invoked in all cases even remotely pertaining to him.

    Report Post » JP4JOY  
  • BLINKY2525
    Posted on April 9, 2012 at 11:06am

    Further validity on why I deleted (not de-activated) my Facebook account. Our liberties/privacies are being trampled on by the current regime and people are still asleep like sheep, its scary! Facebook is beyond intrusive and very creepy on the information they obtain as well as retain. Wake up people! Hi, my name is Blinky and I’m an addict; a facebook addict. “Hello, Blinky!” It has been over 400 days since my last post/login on Facebook and I’ve learned to live without it. Its quite liberating! Make a choice people….are you sheep or are you the wolf?

    Report Post » BLINKY2525  
    • AutDisceAutDiscede
      Posted on April 9, 2012 at 10:14pm

      I deleted my Facebook account, but I still get e-mail from it…Kinda makes you wonder.

      Report Post » AutDisceAutDiscede  
  • Biker Patriot
    Posted on April 9, 2012 at 10:55am

    That‘s why I’m not on Facebook because when Glenn is arrested for spreading messages of hate toward BHO all you people who LIKED him will be next. Big Brother is coming.

    Report Post »  
  • HorseCrazy
    Posted on April 9, 2012 at 10:54am

    well I guess if you have facebook don’t do stupid things like post complaining about work (you may get fired), using foul or racist language and don’t friend your cousin or distant relative also known as the black sheep or you too will be incriminated in whatever they are up to these days. Side note one of my favorite things on the news is when people get busted for stealing by posting the stolen goods on their facebook or using facebook at the home they just broke into. just the stupidity is enough for a good laugh

    Report Post »  
  • Mark0331
    Posted on April 9, 2012 at 10:53am

    Most people who use ‘Nit-twitter‘ and ’Foolbook‘ do it because it is ’vanity’ personified…They know the Police and Feds’ are watching them and yet they still do it…not very ‘street smart’.

    Report Post » Mark0331  
  • MrKnowItAll
    Posted on April 9, 2012 at 10:35am

    99% of people are in PRISON because of One Reason……”They Told on Themselves!”.

    Report Post » MrKnowItAll  
  • Snowleopard {gallery of cat folks}
    Posted on April 9, 2012 at 10:29am

    So if I understand this right, just due to being a facebook ‘friend’ with someone who may have commited a crime or is being investigated, they you are automatically suspect as well? Sounds like they are casting their nets wide just to see what can be found out.

    Report Post » Snowleopard {gallery of cat folks}  
  • gooeylewie
    Posted on April 9, 2012 at 10:24am

    just one of many reasons why I unplugged and deleted my FB account.

    Report Post »  
    • TSUNAMI-22
      Posted on April 9, 2012 at 10:36am

      Smart move. Someday people will begin to realize that Twitter is just as evil.

      Report Post »  

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