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Subpoenaed Social Media Records? What Companies Will Turn Over
Social media is a huge part of most people’s lives nowadays. We post about our lives, connect with friends, share photos, and more. But what happens when those private posts become part of a criminal investigation or lawsuit? Can the police or lawyers subpoena your social media records from the companies? The answer is complicated, and it depends on the situation. Keep reading to learn more about subpoenaed social media records and what companies will turn them over.
What is a Subpoena?
First, let’s cover what a subpoena actually is. A subpoena is a legal demand for information, documents, or testimony. They are often used during the evidence-gathering phase of lawsuits or criminal investigations. Subpoenas can be issued by courts, grand juries, government agencies, and lawyers.
When a company gets a subpoena, they are legally required to turn over the requested information – unless there is a valid legal objection. Subpoenas related to social media usually ask for user account records, posts, private messages, photos/videos, and more.
Each social media platform has their own rules about responding to subpoenas. Here’s an overview of some of the major sites:
Facebook and Instagram
Facebook owns Instagram, so they have similar policies. They will provide user account records and posts/photos that are already public. For private content like messages, they require a search warrant or court order [1].
Twitter also requires a court order or subpoena to provide private account information. But they will hand over public tweets, profiles, lists, and more with just a subpoena [2].
Snapchat
Snapchat explains they have a very limited amount of user data to provide. They may be able to share basic subscriber information, but will object to requests for snaps, messages, stories, etc [3].
TikTok
TikTok’s policy says they won’t disclose private user data without consent, but will provide info to comply with the law. Public videos, profiles and comments can be obtained with a subpoena [4].
What About Private Messages?
In general, most social media platforms will not hand over private messages without a search warrant or similar court order. This is because private messages are considered confidential communication under the Stored Communications Act [5].
However, the law has some exceptions. Platforms may divulge contents of communications if the user consents, or if it’s related to child exploitation, emergencies involving danger of death or serious injury, etc [5].
The California Supreme Court also ruled in 2018 that social media firms must comply with subpoenas requesting users’ public communications in criminal cases [6].
What About Deleted Content?
Trying to get deleted social media content via a subpoena is also tricky. The Stored Communications Act protects even deleted records from disclosure without a warrant [5].
However, if the platform backs up or caches some deleted data, it’s possible they may be able to provide it. It depends on their policies and procedures.
Can Companies Notify Users?
When a company gets subpoenaed for user records, do they have to notify the user? In most cases, no. The companies are usually prohibited from notifying users so as not to impede the investigation.
Some tech companies have tried fighting this by arguing that users have a right to know when their private data is accessed. But so far, the courts have generally sided against notification .
Controversies and Criticisms
There has been a lot of debate around law enforcement accessing social media records through subpoenas. Here are some of the controversies:
- Overly broad requests – Subpoenas sometimes ask for huge amounts of irrelevant data.
- User privacy concerns – Users feel their privacy is violated when data is handed over.
- Lack of notification – Many criticize the lack of notice to users.
- Legal objections – Some argue these subpoenas violate constitutional rights.
While companies often try to push back on overly broad subpoenas, they have limited ability to fight requests. Overall, the law gives law enforcement a lot of power to access user information through proper legal process. But expect ongoing debate between privacy advocates and law enforcement about where to draw the line.
The Bottom Line
While social media companies won’t just hand over your data randomly, they will likely have to comply if served with a proper subpoena or court order. Public information is easier to obtain, while private content generally requires a search warrant. While this helps investigations, it also raises big privacy questions that continue to be debated.