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Deleted member 227095
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Thanks for this guidance.I don't think it is suspicious. LE only has to get a subpoena if no one has access to her account. If someone had her password, or figured it out, LE can use it to access the account. It would be considered a voluntary search. Facebook, Twitter, Google, etc., have legal processes in place for when no one has a password or when investigators have a warrant for an uncooperative person's account. The subpoena is demanding access - if they already have access, there's nothing to subpoena. During trial prosecutors may subpoena official records but for the purposes of investigation it's not necessary.
But I hope you aren't suggesting that if someone happened to know a password or guess a password that this would then entitle them to access a personal SM account in the event that the person is missing? What would happen if someone sent a SM message to DVM now and they weren't aware that DVM is missing or that DVM is not in control of her SM accounts? To me this entire process of finding or guessing a password and then using that information to access an account that is not your own would be trespass and certainly invasion of personal privacy. I am not an attorney and I realize that litigation surrounding social media is evolving. But at its most basic level privacy is privacy and trespass is trespass even in social media.
It would seem that the correct course of action to anyone figuring out a password of a missing person would be to contact LE and then step away from the account. That doesn't appear to have happened here and that is deeply disturbing to me.
Unless the FB account were configured with details as to what would happen in the event of death and any of the involved individuals with presently accessing the SM accounts were so named in the legacy section of FB it doesn't seem correct that they would change the page, block individuals or alter the pages or content in any way. We don't know if we have a death in this case so how things get handled if someone goes missing is a bit unclear as the death related controls wouldn't apply. In the absence of clear guidance on this point I would think we would defer to how any SM account would be handled if the person were alive and with us today. If DNV were here today do we know if she shared her passwords with anyone or allows anyone to change her content or block her friends? I don't know. Does LE know? Or does it even matter?
But I would hope that LE shuts this current situation down with the DVM SM accounts as there is nobody here to speak for the victim, her legal rights and the privacy of her social media IMO and this is deeply disturbing not just for this case but for any of the missing cases that any of us might follow.