Refer to Section 4 and 5 of the attached link to Facebook's terms for what's forbidden, namely:
"You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission."
Not directly related to the hobby, this is a drug bust, but it does relate to how they can use the identity of someone guilty of a crime to catch others. I guess there are limits, though I am neither going to speculate as to what those limits are, nor how that might translate in the sex industry.
Sort of funny that she talks about her emotional stress and endangerment as a result of appearing to be cooperating with the government. My guess is that the end result is that she does control her identity, and wins some sort of settlement. But that does not necessarily mean that LE cannot use an existing site, or even set up a new one using a real identity with permission, though I doubt most people would give permission unless they were in a world of trouble and desperately needed an out.
Note that the article states that the government routinely uses fake online profiles in investigations, mentioning child porn, but of course it happens all the time in stings.
Mods: I assume this does not qualify as outing someone for a lot of reasons, but if you feel it does, go ahead and pull it.
Google
Woman sues over false facebook page using her identity
zig
I would assume that anything(in this case an electronic device) forfeited - seized - or surrendered becomes the property of the agency who takes it. Once your property becomes their property, I would assume(again) that the particular agency can use your seized property any way they want. I would like to wrong.
Now for the information a person uploads to Facebook, I would also assume becomes the property of Facebook. Facebook can do what they want with their own intellectual property.
Sort of funny that she talks about her emotional stress and endangerment as a result of appearing to be cooperating with the government. My guess is that the end result is that she does control her identity, and wins some sort of settlement. But that does not necessarily mean that LE cannot use an existing site, or even set up a new one using a real identity with permission, though I doubt most people would give permission unless they were in a world of trouble and desperately needed an out.
Note that the article states that the government routinely uses fake online profiles in investigations, mentioning child porn, but of course it happens all the time in stings.
Mods: I assume this does not qualify as outing someone for a lot of reasons, but if you feel it does, go ahead and pull it.
zig
Of the old COPS episodes you would see where they raided a drug house, then turned around and sold baking soda to the regular clients that continued to show up the entire day. Then they pulled them over a block away and arrested them as well.
I don't have a profile, but when a friend tried to tag me in a picture from an I-phone. It recognized me because I once had a Facebook I deleted for privacy issue. When I google my name, my pictures come up that I once shared. Forever imprinted on the internet.
Facebook is nothing but trouble, just about every court case mentions their name. Friends get jealous if you have party and don't invite the world. And people cheat in ways that destroy marriages. Trouble. Don't miss it. Love my privacy and living life (for me) without having to share it to the world.
-- Modified on 10/8/2014 3:33:31 PM
If any citizen had done the same actions, even for the same purpose, then I think it would be a cut & dry case of identity theft and a violation of the right of publicity.
Unless the Justice Department can present a signed agreement permitting their use of her likeness (unlikely) then it deserves to lose the case. Hopefully they'll learn (also unlikely) that impersonation is wrong.
It's also interesting they would use Facebook which specifically forbids the Justice Department's actions. Under the "Computer Fraud and Abuse Act" of 1986, violating a websites "terms of service" in combination with obtain anything worth at least $5,000 is a felony. Doesn't matter if the property obtained is incriminating drug secrets, it still meets the definition.
Just more evidence that if you ever have to face law enforcement then advise you don't consent to searches, demand to speak with your attorney, and then shut up. Period.
Will be curious to see if any of the people who were tricked by the fake page will try to file a mental anguish or loss of affection suit against the agent and the agency.
I believe you might be correct. Also how is it proven that the DEA is committing computer fraud.
True they are using her FB account although are they claiming to be the lady who maintains the account, does that matter?
-- Modified on 10/8/2014 8:02:23 AM
Refer to Section 4 and 5 of the attached link to Facebook's terms for what's forbidden, namely:
"You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission."
"You will not post content or take any action on Facebook that infringes or violates someone else's rights or otherwise violates the law."
"If you collect information from users, you will: obtain their consent, make it clear you (and not Facebook) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it."
Considering Facebook has deleted the page for violating FB community standards of which they cited "Claiming to be another person, creating a false presence for an organization, or creating multiple accounts..." then FB has already confirmed a violation occurred.
I thought the agency was using the actual account she created?
Where did the DEA get access to her likeness and photos?
"onsidering Facebook has deleted the page for violating FB community standards of which they cited "Claiming to be another person, creating a false presence for an organization, or creating multiple accounts..." then FB has already confirmed a violation occurred."
Has FB confirm a violation occurred
The agent created a fake FB account using photos without permission from someone's seized cellphone, and presented themselves on FB in her likeness.
From the news article linked below:
"A spokesman for Facebook declined to comment on the case but said that Arquiett’s fake profile has been removed from the site because it violates the company’s “community standards,” which include a provision that says that claiming to be another person or creating multiple accounts violates Facebook terms."
Violating FB community standards are another issue.
The woman gave her permission to assist in an ongoing investigation(consent). Her personal information was used from the seized cell phone. The DEA created a fake account of her likeness using an alias the woman went by at the time.
The woman should be suing Facebook - Facebook should be suing the DEA, I don't see that happening.
From the news article linked below:
"A spokesman for Facebook declined to comment on the case but said that Arquiett’s fake profile has been removed from the site because it violates the company’s “community standards,” which include a provision that says that claiming to be another person or creating multiple accounts violates Facebook terms."