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In case you needed another reason not to post a picture... - 8/19/2011 8:10:51 AM

Iamsemisweet

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Joined: 4/9/2011
From: The Great Northwest, USA
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Apparently it is a common practice in lawsuits now for the opposing party to ask for your social networking user names and passwords! If it relates in some vague way to the case, they are entitled to receive it. For example if you are claiming your quality of life has been affected by a car accident, say, the other side has the right to crawl through your Facebook, twitter, myspace, and CM accounts, including your private messages. I was pretty shocked when I heard that.

_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

Post #: 1

RE: In case you needed another reason not to post a pic... - 8/19/2011 4:00:50 PM

Termyn8or

Posts: 18681
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They can ask all they want.

T^T

(in reply to Iamsemisweet)

Post #: 2

RE: In case you needed another reason not to post a pic... - 8/19/2011 4:02:40 PM

CalifChick

Posts: 10717
Joined: 10/28/2007
From: California
Status: offline

quote:

ORIGINAL: Iamsemisweet

I was pretty shocked when I heard that.

Source?

_____________________________

AKA "The Undisputed Goddess of Sarcasm", "Big Bad Cali" and "Yum Bum". Advisor to the Subbie Mafia, founding member of the W.A.C. and the Judgmental Bitches Brigade, member of the Clan of the Scarlet O'Hair-a's and Team Troll

(in reply to Iamsemisweet)

Post #: 3

RE: In case you needed another reason not to post a pic... - 8/19/2011 4:10:59 PM

littlewonder

Posts: 15659
Status: offline

an opposing party can request anything from the court...doesn't mean the judge will allow it.
When I worked in the protection from abuse cases in courts I saw attorneys ask for such information from the other party to show why they should or shouldn't have a restraining order on someone. Sometimes the judge allowed it. Some judges didn't. It just depended on the judge of the day and his or her mood and how much he/she liked or didn't like you lol.

I've seen judges allow allllll kinds of information and items in a court case. Doesn't shock me.

_____________________________

Nothing has changed
Everything has changed

(in reply to CalifChick)

Post #: 4

RE: In case you needed another reason not to post a pic... - 8/19/2011 4:15:34 PM

Termyn8or

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Joined: 11/12/2005
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Cali, I may be one of the most skeptical around, but I believe this. They are starting to ask for this shit to get a job. In the old days in a rape trial it's common knowledge that the victim's sexual proclivities were supposedly fair game, while the defendent's were not.

However, if culpability is proven in a tort case I would hope that refusal to permit this type of intrusion would only make it harder to seek higher damage amounts because of "negative effects on social life".

For example if someone cut off my dick, do they have a right to ask how often I get laid ? Tort law is funny stuff and I suspect this would be in a motion for discovery, AFTER the major decision and only used to determine the amount of the damages. I would hope.

But this is a funny world. And the OP did say ask. Like I said, ask all they want. Refuse and then that becomes another case. Either be able to litigate that case or pay someone who can.

But that is the world. They can do this shit but not use your criminal record in many cases. Makes sense. At least these days it does.

T^T

(in reply to CalifChick)

Post #: 5

RE: In case you needed another reason not to post a pic... - 8/19/2011 4:29:27 PM

Iamsemisweet

Posts: 3651
Joined: 4/9/2011
From: The Great Northwest, USA
Status: offline

The source is a case that is going on locally. Other side asked for the info in a deposition, plaintiff counsel moved for a protective order. The judge deemed social networking information was relevant to damages, including private messages. It didn't appear that the question had been taken up to a higher court yet, but my guess is that the appellate court would find it relevant.
Since it is well established that the opposing side can ask for your hard drive in discovery, it would be pretty hard to deny you use social networking. I was pretty taken aback.
This is a civil case, by the way.

< Message edited by Iamsemisweet -- 8/19/2011 4:30:06 PM >

_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to Termyn8or)

Post #: 6

RE: In case you needed another reason not to post a pic... - 8/19/2011 4:40:59 PM

HannahLynHeather

Posts: 2950
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From: where it's at
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like termy said, let them ask, they aren't getting it out of me. they wouldn't get my fucking drives either, and without the key, any attempt to access them will just wipe them anyway, so lots of luck to them.

what can they do?

_____________________________

clique? i don't need no stinking clique!

fuck a duck ~w. disney

My Twitter: http://twitter.com/HannahFuck

i hope you enjoyed the post, and as always my friends....have a nice day

(in reply to Iamsemisweet)

Post #: 7

RE: In case you needed another reason not to post a pic... - 8/19/2011 5:08:31 PM

LadyConstanze

Posts: 9722
Joined: 2/18/2005
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quote:

ORIGINAL: HannahLynHeather

like termy said, let them ask, they aren't getting it out of me. they wouldn't get my fucking drives either, and without the key, any attempt to access them will just wipe them anyway, so lots of luck to them.

what can they do?

Pays to have several social networks and partitions with a trigger... ;)

_____________________________

There are 10 kinds of people who understand binary
Those who do and those who don't!

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(in reply to HannahLynHeather)

Post #: 8

RE: In case you needed another reason not to post a pic... - 8/19/2011 5:14:14 PM

Iamsemisweet

Posts: 3651
Joined: 4/9/2011
From: The Great Northwest, USA
Status: offline

I understand what you are saying, and of course you can refuse to give them stuff, regardless of what the rules or the court say. The problem though is the one being asked is the one suing for damages. If you start destroying evidence and not cooperating with discovery, you weaken your case. So, it isn't quite that easy of a choice.

quote:

ORIGINAL: HannahLynHeather

like termy said, let them ask, they aren't getting it out of me. they wouldn't get my fucking drives either, and without the key, any attempt to access them will just wipe them anyway, so lots of luck to them.

what can they do?

_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to HannahLynHeather)

Post #: 9

RE: In case you needed another reason not to post a pic... - 8/19/2011 5:15:39 PM

hardcybermaster

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Joined: 10/6/2008
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should this thread really be titled "in case you need another reason to be paranoid?"

< Message edited by hardcybermaster -- 8/19/2011 5:16:26 PM >

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(in reply to LadyConstanze)

Post #: 10

RE: In case you needed another reason not to post a pic... - 8/19/2011 5:20:11 PM

SillyMan

Posts: 46
Joined: 9/2/2008
Status: offline

my name is Cliff Richard

sm

(in reply to hardcybermaster)

Post #: 11

RE: In case you needed another reason not to post a pic... - 8/19/2011 5:24:06 PM

Termyn8or

Posts: 18681
Joined: 11/12/2005
Status: offline

"So, it isn't quite that easy of a choice. "

No, it isn't. But it's called rights and this specifically comes under the fourth amandment. If you did anything wrong it also comes under the fifth.

If you just surrender your rights easily you are disregarding those who fought and died fo them. That's not fucking right. And with a jury, this should not be a big issue. What's more on a site like CM this would be tantamount to them just walking into your bedroom whenever they feel like it.

All I have to do is sue you and I can find out everything about you. That is the kind of shit the fourth amendment is supposed to prevent. But I'm just am asshole. We have no rights at all. Never did.

But the way we win is that "they" like to pretend that we do have rights. Keeps us quiet. If you've read me you know what I have said about the courts. You EMBARRASS them into enforcing those supposed rights. And that is what is needed here. And by all means if this shit comes up in your life, violate any and all gag orders, and do it quickly. Let them put you in jail. Just make fucking sure someone knows about it.

T^T

(in reply to Iamsemisweet)

Post #: 12

RE: In case you needed another reason not to post a pic... - 8/19/2011 5:26:46 PM

Termyn8or

Posts: 18681
Joined: 11/12/2005
Status: offline

"my name is Cliff Richard "

THE Cliff Richard ?

T^T

(in reply to SillyMan)

Post #: 13

RE: In case you needed another reason not to post a pic... - 8/19/2011 5:29:31 PM

Termyn8or

Posts: 18681
Joined: 11/12/2005
Status: offline

"should this thread really be titled "in case you need another reason to be paranoid?""

Yup, if you EVER get a chance to sue anyone for any reason you must have not posted anything personal on any website or blog ever, making such things useless for political action outside the inner sphere of the influence of major media.

How fucking convenient.

T^T

(in reply to hardcybermaster)

Post #: 14

RE: In case you needed another reason not to post a pic... - 8/19/2011 5:37:12 PM

Iamsemisweet

Posts: 3651
Joined: 4/9/2011
From: The Great Northwest, USA
Status: offline

That is true. It is the job of the other side's attorney to make your life as miserable as possible, so there you go. This is just one more way to do it, along with private investigators following you around and harassing your friends and neighbors for info. I would think very, very seriously before I sued someone.

quote:

ORIGINAL: Termyn8or

"should this thread really be titled "in case you need another reason to be paranoid?""

Yup, if you EVER get a chance to sue anyone for any eason you must have not posted anything personal on any website or blog ever, making such things useless for political action outside the inner sphere of the influence of major media.

How fucking convenient.

T^T

_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to Termyn8or)

Post #: 15

RE: In case you needed another reason not to post a pic... - 8/19/2011 7:00:26 PM

HannahLynHeather

Posts: 2950
Joined: 4/4/2011
From: where it's at
Status: offline

i don't sue, so not relevant to me.

_____________________________

clique? i don't need no stinking clique!

fuck a duck ~w. disney

My Twitter: http://twitter.com/HannahFuck

i hope you enjoyed the post, and as always my friends....have a nice day

(in reply to Iamsemisweet)

Post #: 16

RE: In case you needed another reason not to post a pic... - 8/19/2011 7:53:25 PM

soul2share

Posts: 7084
Joined: 12/18/2007
From: somewhere out there.....
Status: offline

Well, I've noticed that employers are starting to ask if you belong to any of the places, too. I filled out apps for police departments here in FL, and they specifically asked for any account information and the e-mail addresses. Not sure why, and since I don't really use FB much other than to touch base w/my family, I don't even know what the e-mail would be. And that's exactly what I put down. If someone wanted to look at the page, I'd let them...nothing there for me to worry about.

For obvious reasons, they'd never find out about this one......period. I may not know how to wipe the computer, or anything like that, but I'd get me a big magnet and wipe it out that way.

_____________________________

I have to stop saying "How stupid can you be?"...people are starting to take it as a challenge!

*Not a fuck was given.*

(in reply to HannahLynHeather)

Post #: 17

RE: In case you needed another reason not to post a pic... - 8/19/2011 7:57:51 PM

Edwynn

Posts: 4105
Joined: 10/26/2008
Status: offline

quote:

i don't sue, so not relevant to me.

We know what kind you go for girl, don't lie:

http://www.youtube.com/watch?v=_rleFAS_B04

Lawyers dykes and money.

Oh, what has the world come to?

< Message edited by Edwynn -- 8/19/2011 8:00:40 PM >

(in reply to HannahLynHeather)

Post #: 18

RE: In case you needed another reason not to post a pic... - 8/19/2011 8:06:34 PM

littlewonder

Posts: 15659
Status: offline

quote:

ORIGINAL: HannahLynHeather

what can they do?

dunno about Canada but here in the U.S. if a judge orders you to hand over such evidence and you don't or you destroy it then you can be thrown in jail for tampering or suppressing evidence.

When i did pfa court I saw many a case where a party was given contempt of court until they turned it over or gave the information the judge was wanting.

_____________________________

Nothing has changed
Everything has changed

(in reply to HannahLynHeather)

Post #: 19

RE: In case you needed another reason not to post a pic... - 8/19/2011 8:10:08 PM

Termyn8or

Posts: 18681
Joined: 11/12/2005
Status: offline

Magnets won't work. And even if you drop your harddrive into molten lava it will not erase the history of where your IPs have been. What's more you cannot delete your internet cache. Proof ? Go into internet properties and tell it to take the cache size down to say one MEGABYTE. ONE MEGABYTE. Reboot, run scadisk and defrag. Do all that dumb shit.

Now go back into internet properties WITHOUT connecting to the internet and restore the size to it's former value. The files are all there and I can tell you how to find them.

And they occupy a certain part of the drive, so even in a full format and reload, many of them will not be overwritten. You see you are still in DOS. It might not be EXACTLY as I describe but in a FAT system, and I have no reason to believe NTFS is different, deleting a file simply renames it, it then starts with the greek letter omega. Certain programs can find these files that Windows supposedly can't, and restoring them is a simple matter of specifying a character for the first character of the filename. Windows has an index of the first characters for future use, even after you empty the recycle bin.

And you know what ? When you tell Windows to delete your internet cache files it takes it's fucking time to make you think it is really deleting them, but it only take about two seconds to restore them all. Some people like me notice that shit.

And, your internet connection can always be traced back to you, except in very unusual circumstances. So even if your whole PC goes into a melting pot of steel, you are still not in the clear. Sometimes it takes a criminal mind to figure shit like this out.

Consider the internet a public place. Some of the shit I've said on the internet maybe I shouldn'ta, but so what. What's done is done.

T^T

(in reply to soul2share)

Post #: 20

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