Social Networking Sites, DUIs and Courts

You have been arrested for a DUI…you have pictures of the night’s frivolity posted on your page…maybe your page has been cached or a friend of a friend has seen it…Did you know those pictures of fun may be used against you in a court of law on your DUI conviction?

Don’t think it can happen to you?  There are numerous documented casses where postings made on MySpace, Facebook, and Twitter accounts have been admitted by the prosecution in murder, divorce, insurance fraud and DUI cases.  

A Santa Barbara California case of driving under the influence and manslaughter resulted in the defendant receiving 5 years and 4 months in jail because the judge did not believe the defendant had shown remorse for her actions.  The defendant drove under the influence of alcohol, crashed a car, and killed a passenger.  The evidence against her included pictures posted on the defendant’s MySpace page of her partying with friends and wearing alcohol-themed clothing.  She told the court she was remorseful of the evening’s outcome, but on her MySpace page she posted pictures of a different kind of emotion.  Were thesse pictures taken out of context?  Did those same pictures reflect the defendant’s emotional status regarding that evening?

Concerned?  It doesn’t seem possible, does it?  Think again.

The Internet is a public domain and anything posted on it can be used in a court of law.  SNS (Social Networking Sites) are considered public privacy.  Public privacy may be defined as the illusion that a conversation between you and a friend or group of friends in a public setting such as a restaurant is private.  So do we assume that a conversation on the Internet between two friends is also private or is it public?  It is easy to forget that the Internet is public domain.  Currently in the U.S., there are no regulations for Social Networking Sites.  There are regulation proposals but nothing has happened yet.

This reminds me of George Orwell’s book titled 1984 and my reaction to Big Brother.  Well, we have created and given in to Big Brother.  Today, Big Brother can be equated to the Internet.  Our actions are being recorded on the Internet.  Even if you delete a SNS account or page, it has been backed up on the sites’ server, to be accessed at a later time. 

In Orwell’s 1984, people’s lives were recorded on video; today our actions are also being recorded but by keystrokes and clicks.  Those actions include which websites you visit and for how long, purchases made over the Internet, as well as written conversation among friends.  And we have gone along with this willingly and welcomed technology with open arms.  We are forging ahead and advancing.

For some individuals it may be common sense to not put incriminating evidence or drunken pictures on the Internet for the world to see.  Would you be embarrassed, feel awkward or out of place if pictures of you in some act were posted?  It may be funny or cute at the time, but later on it can be used against you by a friend or quite possibly used against you in court.  Let’s change the person in the picture.  What if the person in the picture was your child; would you want the entire world to see the recorded action?   Or that video clip of a weekend getaway was taken out of context could prove to be embarrassing or damaging.

As we begin to hear more and more of the SNS content being used in court, there is a redefinition of what is private and until then we continue the public sharing of our private lives through identity donation.  What does all of that mean?  We are sharing snippets of our lives with our friends in public and on the Internet for others to eavesdrop on.  Someone may read a partial conversation and deduce from there.  Isn’t that how rumors get started? 

When signing up for a SNS account, an individual may choose to or unknowingly post where they now live, birthdays (including year), e-mail addresses, phone numbers, even physical addresses, etc.  That individual has just donated their identity information.  You have also provided more information that can be used by a private investigator in court proceedings.  Be careful and selective of the information that you are choosing to share in a public forum.

Remember you Miranda rights…Anything you say or post can be used against you in a court of law.