Texas recently introduced a bill that would allow for service of process via Facebook. Texas House Bill 1989 if enacted would make the Lone Star State the first in the United States to allow for service of process via social media as an alternative means of service.
In 2002, a U.S. court approved service of process via email. In 2008, an Australian court allowed for service of process via social media. In February of 2012, I told ABC News that I believe service of process via social media will become a reality in the future.
As I stated on February 25, 2012, the biggest problem with service via social media is authentication. Even though a digital account may appear to belong to a litigant in a judicial proceeding, account authentication is required to ensure that the account belongs to the right person.
I believe service of process via social or digital means will eventually become more common. However, absent the proper safeguards to ensure the right "John Doe" is actually served this method has many challenges.
To learn more about these issues you may contact me at http://shearlaw.com/attorney_profile.
Copyright 2013 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Showing posts with label Service of Process Via Facebook. Show all posts
Showing posts with label Service of Process Via Facebook. Show all posts
Wednesday, March 6, 2013
Saturday, February 25, 2012
Service of Process Via Social Media and Authentication
In 2002, a U.S. court approved service of process via email. In 2008, an Australian court first allowed for service of process via Facebook and then earlier this week a UK High Court Judge approved service of process via Facebook. Therefore, service of process via electronic means is gaining acceptance around the world and it may only be a matter of time before a U.S. court will allow for service of process via social media.
Before a U.S. court allows service of process via social media it should understand the authentication issues involved. During my discussion with ABC News about this issue I stated, "[a]uthentication is a major issue since you must be sure that the person with whom you are trying to serve online is the same person offline. You don’t want to have someone’s due process rights infringed upon due to not being properly notified.”
Maryland's highest court came out with a seminal decision almost a year ago discussing authentication of social media evidence. The court understood that just because a social media profile appears to be genuine does not make it so. A person must do their due diligence to ensure that a social media account is the real McCoy.
Therefore, before a U.S. judge allows for service via social media the court must ensure that the person being served online is the same person offline. Authentication must not become an afterthought.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
Before a U.S. court allows service of process via social media it should understand the authentication issues involved. During my discussion with ABC News about this issue I stated, "[a]uthentication is a major issue since you must be sure that the person with whom you are trying to serve online is the same person offline. You don’t want to have someone’s due process rights infringed upon due to not being properly notified.”
Maryland's highest court came out with a seminal decision almost a year ago discussing authentication of social media evidence. The court understood that just because a social media profile appears to be genuine does not make it so. A person must do their due diligence to ensure that a social media account is the real McCoy.
Therefore, before a U.S. judge allows for service via social media the court must ensure that the person being served online is the same person offline. Authentication must not become an afterthought.
To learn more about these issues you may contact me at www.shearlaw.com.
Copyright 2012 by the Law Office of Bradley S. Shear, LLC. All rights reserved.
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