Warning: The Adults Know All About Facebook and Myspace

Michael Phelan
Attorney
(866) 735-1102 Ext 375
Posted by Michael PhelanApril 11, 2008 1:55 PM
Tags: None

I am not one of those parents who wants to invade my teenagers' privacy and spy on their MySpace, Facebook, YouTube, or other social media sites.  But I do want them and other teens and young adults to understand that what they place on their Facebook or Myspace site is on the Internet forever.  That means college admissions offices, future employers, and, yes, lawyers may one day check their sites.  Many lawyers make a practice of researching the social media sites of all parties and witnesses in a legal case.  I am amazed by the embarrassing photographs and statements people put on their sites and by the increasing number of stories about this embarrassing information coming back to haunt the subject of the photographs or author of the statements at trial or in business settings.  Facebook and Myspace are no longer under the adult radar screen.  In fact, the former Harvard college kids who came up with the idea for this social media recently sued the creator of Facebook for allegedly stealing their idea.  Given the fact that your pages are no longer being viewed only by your friends and peers, consider doing the following.  First, figure out how to activate all of the privacy features of your site.  Some of the privacy settings do not prevent tech savvy investigators from accessing your site through one of your "friend's" sites.   Second, and more importantly, don't be stupid and you won't have to worry about security.  Don't put on your site photos of yourself getting bombed or engaging in embarrassing behavior.  Don't write about illegal drug use or anything else you don't want the world to be able to read.  It is becoming increasingly likely that what you put on an unsecured site will one day come back to humiliate you.

4 Comments

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Martin Dudziak
Posted by Martin Dudziak
April 11, 2008 6:20 PM

Sound advice indeed, and not only from the perspective of a parent of teens. This problem is one that is frequently overlooked, or simply not considered. One of the "Pandora's Box" features we have unleashed through the internet is the ability for the unscrupulous and malicious minded, or the overly-zealous of any persuasion or motivation, to easily "mine" the net not only to find "whole" pieces (pages, texts, images) that can be incriminating and/or embarassing, but also to assemble a collection that can be highly misrepresentative. Worse, it is too easily possible to create the website or Facebook/MySpace equivalent of identity theft - not in the classic sense of misusing credit cards numbers and SSN but misrepresenting a person's views, statements, and positions.

mphelan
Posted by mphelan
April 12, 2008 2:42 AM

What was created as a hip, fun space for people in their late teens and early twenties is being manipulated by people my age. Many say the young should know better, but I believe they never dreamed that older folks would invade their sites.
It's an extension of the helicopter parents, Society as a whole can't give these kids any privacy. You are correct that adults who create such sites better be smart about what they post and be vigilant about what is added to their sites by "visitors" with an agenda.

Mike Damaso
Posted by Mike Damaso
April 14, 2008 5:55 PM

Mike,

This is so true. Believe it! Attorneys WILL investigate your clients by viewing their myspace, facebook, and other social networking websites. And, if what is said on that website is relevant to the issues of the case and made by a party opponent, chances are it is coming into evidence. Recently, I have obtained some devastating admission of defendants in auto case simply by viewing and printing out their myspace and facebook pages. This new technology can be helpful. But, it can also be very harmful to a case in our judicial system.

Mike Phelan
Posted by Mike Phelan
April 18, 2008 3:47 PM

Mike D:
You have to represent your client zealously and use the information if it's out there, but it's a shame that it's come to this. Kids have no idea that we're spying on their chatrooms.

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