Skip to main content

Is facebook or myspace consider public forum in anyway?

Garden Grove, CA |

sorry to ask this again but i saw some girl picture on their facebook and myspace and i decide to copy the picture and repost it on my secondary facebook and now i has lost access to it and i now im worry if that consider invasion of privacy because the picture was take by them in their house and also some in the restroom (with clothes) and they post it on their myspace and facebook, i didnt take the picture at all, just repost it, is facebook or myspace consider public forum in anyway, i mean if they expected privacy they shouldnt have post it on the public forum at all right?

+ Read More

Attorney answers 4

Posted

This is intended as information only and you should seek counsel for specific legal advice. It may seem counterintuitive, but, before looking at the legalities, I suggest you read Facebook's policies. In them they discuss what permissions one grants when posting a picturer and may also discuss a person's right to re-post. In general;, if the person posted and made it available to the general Public, the expectation seems to me to be that it could be shared (isn;t that part of the purpose of social media?). But NEVER for a commercial purpose without permission. I would again, start with Facebook policies and, if you still have concerns, consult with a CA attorney. If you lost access to the photo, the poster may have removed it. I think it unlikely that you would get a claim unless you were doing something inappropriate with the photo (reposting with defamatory remarks for example). Good luck!

The above is offered and intended for informational purposes only and should not be construed as legal advice. You should consult directly with an attorney in the jurisdiction in which you reside for individual advice regarding your individual situation. Nothing contained herein is intended to be nor should it be construed as advertising attorney services.

Asker

Posted

Oh no i just repostbto look at it... Not for any commercial or put any bad or wrong comment about that photo

Charles Harry Gardner

Charles Harry Gardner

Posted

Just for your own comfort, I would at least look at the Facebook rules. Sounds pretty innocuous to me!

Posted

Keep involving yourself in this matter and you could face an expensive lawsuit, win or lose. Quit posting pictures.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

Posted

I think I have responded to this question before, or at least one very similar.
Generally speaking, Facebook and other social media sites are not considered private. Once someone posts a picture on the internet, it loses any claim to privacy or confidentiality.
But, you should not be using pictures that belong to other people. Doing so could eventually lead to you being accused of some wrong doing.
Personally, I recommend that you spend less time on the internet and more time learning correct grammar and spelling.

Posted

The following case may be illustrative of what you are asking: http://scholar.google.com/scholar_case?case=6507115788111795927&q=facebook+%22search+warrant%22&hl=en&scisbd=2&as_sdt=2,11

Asker

Posted

so as long as the picture is posted is no longer protected by the fourth amendment? even if that person believe they should be secure in their house

Daniel Ellis Rice

Daniel Ellis Rice

Posted

The point of the discussion in that case re: the 4th Am. had to do with expectation of privacy. The gov't accessed the imagery through a FB "friend"'s profile, and therefore, they did not need a warrant. Therefore, you should follow the advice of the other attorneys on here, and be careful about what you post on social networking websites, because you run the risk that a "friend" may "turn state's evidence" and assist the gov't against you.

Asker

Posted

but as long as anything is posted on facebook there shouldnt be much of an expectation of privacy right? and i register my facebook with a different name and they post the picture and i saw it

Asker

Posted

?

Asker

Posted

and in my situation im afraid that its invasion of privacy how did a friend turn state evidence can happen

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer