Facebook, MySpace Terms of Use Dispelled Any User Privacy Expectations in Passwords

A social network user must disclose his Facebook and MySpace usernames and passwords to opposing counsel in a personal injury lawsuit, the Pennsylvania Court of Common Pleas, Jefferson County, ruled Sept. 9 (McMillen v. Hummingbird Speedway Inc.).

The contents of the pages were potentially relevant to the defense’s case, because the user’s public profiles—including details of recent travel—suggested that he may have exaggerated his injuries, the court found. The court pointed out that parties may obtain discovery into any unprivileged matter, and that privileges are to be narrowly construed, Pa. R.C.P. 4003.1.

The court rejected the plaintiff’s contention ...