Asia-Pacific
Break the law and your new 'friend' may be the FBI
(Agencies)
Updated: 2010-03-19 17:27
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The woman, Lori Drew, helped create an account for a fictitious teen boy on MySpace and sent flirtatious messages to a 13-year-old neighborhood girl in his name. The girl hanged herself in October 2006, in a St. Louis suburb, after she received a message saying the world would be better without her.
A jury in California, where MySpace has its servers, convicted Drew of three misdemeanor counts of accessing computers without authorization because she was accused of violating MySpace's rules against creating fake accounts. But last year a judge overturned the verdicts, citing the vagueness of the law.
Facebook's rules, for example, specify that users "will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission." Twitter's rules prohibit its users from sending deceptive or false information. MySpace requires that information for accounts be "truthful and accurate."
A former US cybersecurity prosecutor, Marc Zwillinger, said investigators should be able to go undercover in the online world the same way they do in the real world, even if such conduct is barred by a company's rules. But there have to be limits, he said.
In the face-to-face world, agents can't impersonate a suspect's spouse, child, parent or best friend. But online, behind the guise of a social-networking account, they can.
"This new situation presents a need for careful oversight so that law enforcement does not use social networking to intrude on some of our most personal relationships," said Zwillinger, whose firm does legal work for Yahoo and MySpace.
Undercover operations aren't necessary if the suspect is reckless. Federal authorities nabbed a man wanted on bank fraud charges after he started posting Facebook updates about the fun he was having in Mexico.
Maxi Sopo, a native of Cameroon living in the Seattle area, apparently slipped across the border into Mexico in a rented car last year after learning that federal agents were investigating the alleged scheme. The agents initially could find no trace of him on social media sites, and they were unable to pin down his exact location in Mexico. But they kept checking and eventually found Sopo on Facebook.
While Sopo's online profile was private, his list of friends was not. Assistant US Attorney Michael Scoville began going through the list and was able to learn where Sopo was living. Mexican authorities arrested Sopo in September. He is awaiting extradition to the US.
The Justice document describes how Facebook, MySpace and Twitter have interacted with federal investigators: Facebook is "often cooperative with emergency requests," the government said. MySpace preserves information about its users indefinitely and even stores data from deleted accounts for one year. But Twitter's lawyers tell prosecutors they need a warrant or subpoena before the company turns over customer information, the document says.
"Will not preserve data without legal process," the document says under the heading, "Getting Info From Twitter ... the bad news."
Twitter did not respond to a request for comment for this story.
The chief security officer for MySpace, Hemanshu Nigam, said MySpace doesn't want to be the company that stands in the way of an investigation.
"That said, we also want to make sure that our users' privacy is protected and any data that's disclosed is done under proper legal process," Nigam said.
MySpace requires a search warrant for private messages less than six months old, according to the company.
Facebook spokesman Andrew Noyes said the company has put together a handbook to help law enforcement officials understand "the proper ways to request information from Facebook to aid investigations."
