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Old 05-21-2012, 10:42 PM
 
Location: Georgia, on the Florida line, right above Tallahassee
10,471 posts, read 15,833,234 times
Reputation: 6438

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Judge Orders Divorcing Couple To Swap Facebook And Dating Site Passwords - Forbes

Traystman says she immediately texted a friend and asked that person to change the passwords and delete some of her messages. That’s when he got the judge involved, to issue an injunction that she not delete any material and order the attorneys to exchange passwords for both spouses so that they could conduct discovery. Traystman says he reviewed his own client’s accounts before doing this and knew he had nothing to hide. I suggested to Traystman that it must have been painful for his client to go through his wife’s dating site communications. “It would be painful for many spouses to see what their spouses are doing,” he replied.

In “normal” discovery, a litigant is usually asked to turn over “responsive material” not the keys to access all that material and more, but it seems that judges are applying different standards to social networking accounts
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Old 05-22-2012, 09:55 AM
 
290 posts, read 176,286 times
Reputation: 73
Wow...So much for 1st amendment.
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Old 05-22-2012, 02:42 PM
 
Location: Ohio
24,621 posts, read 19,165,825 times
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Quote:
Originally Posted by WannabeNomad View Post
Wow...So much for 1st amendment.
It doesn't apply here. You can study this link for future reference.

First Amendment | LII / Legal Information Institute

Too much...

Mircea

Quote:
Originally Posted by 70Ford View Post
In “normal” discovery, a litigant is usually asked to turn over “responsive material” not the keys to access all that material and more, but it seems that judges are applying different standards to social networking accounts
I guess you're not up to speed on Electronic Discovery.

Nothing outrageous here to see. Good ruling by the judge.

Legally..

Mircea
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Old 05-22-2012, 02:56 PM
 
290 posts, read 176,286 times
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Ah. Well I would have told the judge to jump off a damn bridge then. Ain't none of anyone's business what is said between me and others.I hope the person that was told to turn over the pw said no or just defied the idiot judge.
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Old 05-22-2012, 03:28 PM
 
Location: The Other California
4,254 posts, read 5,606,632 times
Reputation: 1552
Good decision on the part of the judge. In my household of eight, we have a "no secrets" policy. Everyone knows everyone else's passwords. My wife has access to all of my online correspondence and I have access to hers. We freely read each other's e-mail. We also read our children's e-mails, chats, message boards, etc., and they know it. The only exceptions are a few things we keep from the children due to age appropriateness.

A split personality is a marriage killer. If you have an integrated personality none of this will be a problem. There's no trust without it.
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Old 05-22-2012, 03:47 PM
 
Location: Hudson County, NJ
1,489 posts, read 3,088,853 times
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Quote:
Originally Posted by WannabeNomad View Post
Ah. Well I would have told the judge to jump off a damn bridge then. Ain't none of anyone's business what is said between me and others.I hope the person that was told to turn over the pw said no or just defied the idiot judge.

I think you're wrong. If this was a murder trial, and you said things to others about your intention to kill for example, I think they have every reason to look into all correspondence, text, email, etc.
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Old 05-22-2012, 03:50 PM
 
69,368 posts, read 64,108,083 times
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Quote:
Originally Posted by Mircea View Post
It doesn't apply here. You can study this link for future reference.
Thats correct, but what does apply here is an expectation of privacy.
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Old 05-22-2012, 03:53 PM
 
69,368 posts, read 64,108,083 times
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Quote:
Originally Posted by nowitsshowtime View Post
I think you're wrong. If this was a murder trial, and you said things to others about your intention to kill for example, I think they have every reason to look into all correspondence, text, email, etc.
first, this isnt a murder trial, and breakig the law offers different standards. Since the spousal couples were not breaking the law, any criminal law wouldnt apply.

Second, if you are online spouting off your intent to commit a crime, the individual YOU ARE TALKING to, has an expectation to divolge that information, not yourself.

Can you see the number of people just knocking on the prisons asking to be let in because they thought about robbing a bank.
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Old 05-22-2012, 03:57 PM
 
69,368 posts, read 64,108,083 times
Reputation: 9383
Quote:
Originally Posted by WesternPilgrim View Post
Good decision on the part of the judge. In my household of eight, we have a "no secrets" policy. Everyone knows everyone else's passwords. My wife has access to all of my online correspondence and I have access to hers. We freely read each other's e-mail. We also read our children's e-mails, chats, message boards, etc., and they know it. The only exceptions are a few things we keep from the children due to age appropriateness.

A split personality is a marriage killer. If you have an integrated personality none of this will be a problem. There's no trust without it.
your willingness to open up yourself to your family isnt the issue, the issue is under what legal grounds the judge used to demand such actions.

The old, if you have nothing to hide, then you wont mind is bs. Why dont you give me your facebook login information so I can check it out? I bet you wont, will you?
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Old 05-22-2012, 03:58 PM
 
290 posts, read 176,286 times
Reputation: 73
Quote:
Originally Posted by WesternPilgrim View Post
Good decision on the part of the judge. In my household of eight, we have a "no secrets" policy. Everyone knows everyone else's passwords. My wife has access to all of my online correspondence and I have access to hers. We freely read each other's e-mail. We also read our children's e-mails, chats, message boards, etc., and they know it. The only exceptions are a few things we keep from the children due to age appropriateness.

A split personality is a marriage killer. If you have an integrated personality none of this will be a problem. There's no trust without it.
I agree there should be no secrets between people that are married and I agree parents should monitor what their children are saying,hearing and watching but these people were getting a divorce I see no reason they needed each others correspondence with other people.My wife knows my PW and I know hers. No reason to keep them from each other because there is nothing to hide but for a judge to demand them to swap pw is outside his jurisdiction and is pretty much putting him in the middle of their married life.
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