When the cops subpoena your Facebook information, here's what FB sends the cops
blog.thephoenix.com
blog.thephoenix.com
I'm not downplaying privacy concerns, but when you can see thing from the other side too it's easier to see it as a set of trade-offs that need weighing. It's not a black and white issue.
EDIT: Also remember that evidence can help the falsely accused just as easily as it can help victims of crime. Phone records can give a person an alibi that would otherwise have been very difficult to prove.
Search engines are much worst given that you search for information and ask questions about everything.
If a person is convicted, it is because 12 random people unanimously agreed beyond a reasonable doubt that the alleged crimes happened. Your lawyer would have a chance to stand in front of the jury and say "of course my client was trying to learn about what happens when a human body decomposes; his family member was dead and he wanted to learn the truth." Jurors are normal people who understand normal arguments.
- You are in the defendant's chair, and for every juror that takes the oath and presumption of innocence seriously there is another one that assumes you did something ("Why else would they pick on him?")
- Prosecutors, police, detectives and jurors are people, full of human faults. To go home in time for Easter one might be persuaded to vote guilty instead of holding up. It's not unheard for the cops and prosecutors to want 'someone' in jail for X crime, keeps the public reassured and helps their career.
- Unless you're mega-wealthy you're outmatched. The state uses virtually unlimited amount of your tax dollars to hire the best DNA experts and pathologists and you, John Q, can't match them. On the stand detectives have perfected how to testify and use anything to fit their agenda: "he cried /he didn't cry /he cried too little /he cried hysterically (sounded fake) or his cries were too perfect, as if calculated to deceive..." That huge fight with your wife will be told as a possible motive but no one is there to tell about the hugs and kisses 15 minutes after. Oh, you've been "poking" your high school sweetheart of FB and been talking about the "good old times"?
So yes, our justice system is relatively fair but if you get screwed the stats mean nothing, you're toast.
Also, a person probably won't be convicted on a Google search alone. The burden of proof falls on the prosecution, meaning that they have to present more than just a few shreds of suggestive evidence.
Simply exercising one's right to remain silent, demanding a lawyer (even a public defender), and pleading not guilty vastly improves one's chances. The vast majority of convicts in the US sealed their fates by talking to the police, pleading guilty, or both. We'd have a much lower conviction rate across the board if everyone shut up, lawyered up, and pled not guilty--which could be seen as good or bad, depending on your perspective.
As an aside, public defenders are better than most people believe. They often do just as well statistically as private defense attorneys.
I mean, this is assuming that we're talking about "years later" -- in other words you really are trying to say "this person was of a very morbid character and was interested in researching facts about human body decomposition." Heck, I made searches like that when I was writing the first draft of a NaNoWriMo novel.
That's the rational answer. What's the more probably answer?
A lawyer with an excerpt of your most mischievous writes, reads, shares and bookmarks could paint quite a despicable portrait of you, the villain. Remember that time when a friend showed you a link which you stupidly clicked on? Yeah, that too.
And that "no real criminal would leave a trail like that" line won't work either - because we all know how criminals are stupid.
--
My point is that I agree with you. Psychological profiles will probably become more commonplace as data mining et al. goes mainstream. These can be manipulated. Badly.
If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him. (Cardinal Richelieu)
How about six million lines? All written with the naive understanding that they would stay private.
--
For us, all of this privacy issue thing is far from news. We know about it. But as a society, we are still very far from developing the new values that are necessary given this overflow of intimate knowledge.
0: http://ask.metafilter.com/7921/If-you-killed-somebody-how-wo...
EDIT: Maybe I am being overly cynical about how the justice system can be manipulated. As the above two comments suggests, it is indeed designed to be a robust system. However, looking at cases in the US of people wrongfully executed, it doesn't seem like an unreasonable stance to be a bit distrusting of the manipulation possibilities.
I'm aware of instances where "key witnesses" recant decades later (under what kind of pressure from defense attorneys or their own conscience I have no idea...) But I'm unaware of any instances where innocence was clearly established after an execution was carried out.
Why post a question like that if you're going to be so intellectually lazy?
Are you too lazy to read before posting a knee jerk Wikipedia page?
How about just posting one name of an executed prisoner?
http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_...
http://www.innocenceproject.org/know
This strongly suggests that many other innocent people are still on death row or have already been executed, since the Innocence Project doesn't have the resources to investigate all cases of claimed innocence, and has to limit its efforts to saving people who are still alive.
The Wikipedia article on wrongful execution claims that "at least 39 executions are claimed to have been carried out in the U.S. in the face of evidence of innocence or serious doubt about guilt."
Felker and Garrett are the only "specific examples" in that article from the US in the past few decades. Garrett sounds plausibly innocent, but there's certainly no posthumous proof. Similarly, Felker's alibi depends on autopsy results from a body found in a creek. Not really a slam dunk either.
Many anti-death penalty advocates believe (wrongly, I think) that it would be a huge boon to their cause if they could identify someone who was clearly innocent of the crime for which they were executed. oskarth apparently believes instances have already been found. I'm just looking for the current exemplar.
> If you write, read, bookmark, share or search for something like this [0], does your conditional probability of killing someone go up?
I would guess yes - it seems likely that the fraction of killers who look up things like that is greater than the fraction of not-killers. Even taking into account that some killers will look up stuff like that and hide their tracks.
(Remember that killers, too, may be morbidly curious. Assume they're just as likely as anyone else to be. Then we're really comparing "how many killers looked stuff up specifically to learn to hide their crimes?" versus "how many people who subsequently became killers refrained from looking stuff up out of morbid curiousity, because they didn't want it used as evidence against them in future?")
But not so much higher that it's strong evidence, so your point stands.
Let's say there are 50 serial killers in operation in the US. And the MeFi thread cited had 100,000 uniques. Even if all 50 killers read the thread you would still get a huge false positive rate if you are counting on that thread in the browser history alone telling you anything.
The point of laws is not to make things harder for the police, it is to protect all of us from the government.
Yes it's sarcasm, but I don't think the law enforcement agencies see it like that. They actually want that, and they've said before that having to get a warrant makes it "hard" for them - even though 90% of the warrants they ask for are approved.
Lately all of them are pushing for more invasion of privacy, because they don't see it like that. They see it as "making our job easier" - without any regard for the abuses that could lead to or for history of Government oppression, or if the people actually want that. After all, surely they know "best" what needs to be done to protect the population.
Maybe some do, but some privacy advocates think it would be best if individuals could always prevent law enforcement from obtaining any evidence. Don't make arguments that are just as absurd as the extremists on the other side.
> The point of laws is not to make things harder for the police
The Facebook info presented in this article was lawfully obtained through a subpoena, so I'm not sure what you're talking about.
> it is to protect all of us from the government.
Laws also exist to protect us from each other. When a crime is alleged, justice is best served (for both the accuser and the defendant) by having as much evidence as possible. But there also need to be checks on this, which is why we have the Bill of Rights and evidence rules in court.
- If a database is hacked/stolen, the impact is much worse.
- If the people who control the database become malevolent, the impact is much worse. Think about a totalitarian government weeding out its political enemies by seizing a big centralized database.
You could be in a one hour phone call while the robbery you performed happened, and that phone call had your voice in it, and you were home while you called. Isn't that quite the alibi?
Hard? Sure thing. Impossible? Nope.
They just need one camera that caught you outside your house to shatter all that work. There are so many cameras that it's very difficult to hide from them all. If the crime you commit is serious enough to go through strapping your phone to your dog, the police will scour lots of cameras in te area.
A lot of the time, if I had strong circumstantial evidence that I was at home, I'd quite likely get away with a fair bit of "heavy set person in a black hoodie seen leaving the crime scene" cctv video.
Second of all, the kind of fabrication you're describing is much more difficult to pull off than you realize. There are lots of different kinds of evidence and you would have to have some serious foresight to fabricate it all in a way that is consistent. For example, here's a case of someone who took a lot of effort to fabricate evidence of a rape against an ex-boyfriend. She did such a convincing job that he was jailed for a while, but eventually the truth came out.
http://articles.latimes.com/2011/jun/26/local/la-me-accused-...
Most criminals (or false accusers) don't have nearly this level of planning. The defendant in my case was actually a really smart guy, and had spun a story that cleverly was corroborated by the cell phone records of his accuser. But he was caught in a trap when his own cell phone records showed calls that the other phone didn't show. And he had had weeks to create this false story.
Framing someone (or hiding your crimes) is harder than it sounds. In most cases, the simplest explanation is the right one.
Is that why ~30-40% of murders in the USA are unresolved (IIRC) ? I'd say that unless you are a known criminal being monitored or an obvious suspect you will get away with it just fine, without thinking too much about CSI show style clues.
Just a though experiment: Would a mobile phone with these possibilities (sending messages with specific data at a specific time, or calling another phone of this type and transmit preproduced sound input, all without being able to distinguish between a "timed" message/call and a normal one) be a legal electronic device? If so, will they change how the law looks at evidence of this kind?
My guess is it's legal to have a phone that can be programmed to perform activities at specified times. You'd essentially just be making robo-calls/robo-texts, which lots of people do. For example, I get a lot of texts from political campaigns, and I wouldn't be surprised if these were written then scheduled to automatically go out at a certain time.
That being said, fabricating evidence is clearly a crime. So, I suspect that you could legally build and possess such a device, but could be guilty of a crime depending on how you use it. The same could be said of probably any non-contraband object.
Again, don't build one of these on my say-so. I'm just speculating.
As to the second part of your question--how the law would look at this kind of evidence in light of the possibility of fabricating it--that really depends on the jury. As it would play out in court, the party presenting the phone evidence would try to convince the jury that it's authentic, e.g. with expert testimony. Likewise, the other party could try to raise doubts as to its authenticity, perhaps by bringing expert witnesses of their own, who would testify about how easy it is to fake and such. And then it would be the jury's decision to give the evidence as much or as little weight as they see fit. So, there's no one-size-fits-all answer. It would depend entirely on the case each side makes and the whims of the jury.
For a fake alibi, making fake calls at the night of the crime is probably not the best option.
I doubt a DA would want to establish a precedent by arguing against the credibility of such a third party record.
http://www.facebook.com/events/46300108330
And view who attended, or view the profile he viewed on February 18th 2009:
http://www.facebook.com/profile.php?id=16104623
Kind of creepy to say the least. I'm surprised they made such a huge mistake. Knowing which profiles he stalked before committing his crime is even more sensitive than just friendship connections in my opinion.
Or view as a web page with JPEGs: http://dl.dropbox.com/u/105727/fb-subpoena-db/index.html
(What is more absurd than releasing information like this in SWF format and only SWF format…?)
Surveillance works best when it isn't scripted.
I wonder when we will see the startups that offer this as a personalized service. It can be equally responsive to law enforcement, should actual legal processes are involved, but for any other actor besides the law, the illusion can be real.
If anyone needs convincing, Vinge published a similar story for free in IEEE Spectrum, complete with the "Friends of Privacy," called Synthetic Serendipity. http://spectrum.ieee.org/computing/networks/synthetic-serend...
http://www.boingboing.net/2011/02/18/hbgarys-high-volume.htm... http://www.dailykos.com/story/2011/02/16/945768/-UPDATED-The...
No, the part that creeps me out is when they start being able to hand over my political preferences and ideological bents and how likely I am to consume drugs based solely on how I am friends with.
"Your honor, members of the jury, the evidence is clear: based on phillmv's social graph, he's 83% likely to be a stark raving socialist capable of committing precisely this sort of crime. As we all know, Facebook cannot lie!"
This was also discovered when someone in Europe requested all of the data that Facebook has on him: that stuff which he had deleted had never actually been deleted, but was instead stored with a flag "deleted=True" which was checked by the database queries.
In principle, at least for short time scales, this is not a bad idea -- you should try to make most or all of your database manipulations reversible, just in case someone steals someone else's account (or other similar abuses). But for long time scales, you would really expect that it would eventually get purged -- and as far as anybody knows, it never is.
This is true for all web services. I'm not even getting into about the support and user anger cost by permanently deleting user data. But it's clear to see that this — while an intuitive idea — is not practically possible for most web services.
And then it's easy to purge ALL user data backups more than X months old.
If it helps, this is why the various alternatives to Google are able to announce that they don't collect user data: they have no obligation under US law to be collecting such information, so, they don't.
Don't use Facebook!
It wasn't so long ago that we didn't routinely post every last freaking detail of our personal lives online for all the world to see...
I couldn't find the original news article I read when it first came out but here seems to be a good summary of what he found out: http://www.youtube.com/watch?v=kJvAUqs3Ofg
While this may not be identical to what cops would receive from a subpoena request, it shows at least part of what Facebook knows about you.
One would think what special secret information facebook has on its users - where they are, what do they click to over the site, what sites do they visit even outside the FB site, but nope, it's just that - the data people wrote to the system themselves, voluntarily. Maybe with their public IP, sometimes.
Maybe I am skipping something, but there is nothing one wouldn't reasonably believe Facebook has on you and would give to the police.
edit: oh. I did miss the browsing history section.
...yeah. That is kind of creepy.
What law? Which records? There are websites, such as those which provide anonymous web access, which say that they don't keep any records, or keep IP addresses only, or keep records for no more than 30 days, or whatever. Are they lying to us, or are they intentionally breaking some law? Exactly how can I be forced to keep any kind of log, for any period of time?
http://en.wikipedia.org/wiki/Telecommunications_data_retenti...
It's a really complicated legal issue, and the last thing you would want to do as an international company is shoot yourself in the foot by deleting "evidence".
"The United States does not have any Internet Service Provider (ISP) data retention laws similar to the European Data Retention Directive. All attempts have failed:"
THEREFORE: Under what law was FB required to retain the data, which was eventually handed over under subpoena?
But I think i remember something about Facebook having european offices in Ireland, so for us Facebook users in the European Union it's the Irish and EU laws they have to abide.
But I havent got a clue about what law regulates theese things.
http://en.wikipedia.org/wiki/Double_Irish_arrangement
The location of its legal tax headquarters is up for debate; Additionally, Facebook has corporate offices all over the world in different countries: https://www.facebook.com/careers/locations Italy, India, Canada, New Zealand, Belgium, etc.
Clearly it's not just a "US" company and only has to follow "US" laws.
http://en.wikipedia.org/wiki/Telecommunications_data_retenti...
I'm also surprised it didn't contain private messages (I'm guessing you can do this on FB?).
Doesn't a serious investigation normally involve an investigation of people close to the suspect?
police department published them unredacted
Not FB's fault.
That may be, but it certainly makes a case for not using FB in the first place.
And a bit off-topic, but related: does anyone know if Twitter actually deletes direct messages or are they just not visible on the website any more?
So, do they completely remove my account information, or do they just mark me deleted?
What you do with your account is for you to decide of course, but it shouldn't really come as a surprise that facebook has this data (they show it on the site) or that they would comply with a subpoena.
The surprising bit for me is how much data is missing from this.
https://www.facebook.com/help/contact.php?show_form=delete_a...
I did this just a month ago.
Why would they be storing/using time in a timezone anyways?