Earlier this week, a New York state appeals court ruled that Facebook had no legal standing to challenge search warrants on behalf of its
customers. The court stated that only the defendant may challenge the search warrant and not Facebook.
The court's unanimous opinion stated that, “[f]here is no constitutional or statutory right to challenge an allegedly defective warrant before it is executed.” This ruling was not surprising because the law usually takes years to catch up to the technology. Will other courts around the country follow this ruling?
As more of these types of cases (and similar ones) pop up, it will be interesting to see how the law addresses new technologies. There is no one size fits all in determining public policy and I hope there is a robust conversation on these important issues.
Copyright 2015 by The Law Office of Bradley S. Shear, LLC All rights reserved.
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