Defense in US murder case can obtain private social media posts

This file photo taken on March 31, 2012 shows the US Supreme Court building on Capitol Hill in Washington, DC. (AFP)
Updated 23 July 2019

Defense in US murder case can obtain private social media posts

SAN FRANCISCO: The California Supreme Court has effectively ruled that the defense in a gang-related murder trial can obtain private postings from social media companies.
The court lifted a stay of a ruling by the judge overseeing the San Francisco trial and noted that the judge’s findings strongly justify access in this case, the Los Angeles Times reported. It’s the first time such an order has been enforced in a California court, the Times said.
Last year, the California Supreme Court ruled that the defense in the gang case could have social media postings that were public at the time of the killings, but that ruling did not deal with private postings.
The Supreme Court ruling means that the lower court judge could review any postings obtained from Facebook, Instagram and Twitter and decide which ones will be given to the defense.
Facebook has an ongoing appeal against the San Francisco judge’s ruling. However, if the ruling is upheld and Facebook refuses to hand over postings, it might be held in contempt of court.
“We believe that federal law prohibits an order requiring us to turn over private Facebook and Instagram account content of crime victims to a defendant and his defense lawyers,” Facebook said in a statement. “We will continue to protect our users’ privacy interests and are considering options in light of the court’s order.”
A message seeking comment from Twitter was not immediately returned.
The California Supreme Court’s decision is not binding on other courts, but it is expected to be cited by defense attorneys seeking private posts in other cases.
For years, social media companies have opposed efforts by criminal defense attorneys to access accounts, arguing that federal privacy law — the Stored Communications Act — bars cooperation except in limited circumstances.
In the past, only law enforcement has been able to force social media companies to provide private postings.

The criminal case is the prosecution of a killing and attempted killing involving a June 2013 drive-by shooting in San Francisco.
A 14-year-old boy who participated in the shooting told police that beforehand he had interacted with the slain victim, who had “tagged” him on Instagram in a video that included guns.
The boy said he shot that victim six times and asserted that the victim “would have done the same thing to us.”
The boy was tried in juvenile court and found to be responsible for the murder of Jaquan Rice Jr. and attempted murder of Rice’s girlfriend, who was a minor. The boy was declared a ward of the court, and he was committed for a term of 83 years, four months to life.
Two other defendants, Derrick Hunter and Lee Sullivan, were separately indicted on murder, attempted murder and other charges.
Prosecutors say Hunter, Sullivan and the minor are members of a gang and that Rice was killed because he was part of a rival gang and threatened the boy via social media. They recently invoked their right to a speedy trial, and a jury was selected earlier this month.
Defense attorneys have served subpoenas on Facebook, Instagram and Twitter in an effort to gain access to private, public and deleted postings from the accounts of Rice and a prosecution witness.


Saudis switch from TV to mobile video

A man records a video with his phone in Berlin, Germany, August 24, 2019. (REUTERS)
Updated 26 August 2019

Saudis switch from TV to mobile video

  • Short online films are watched most during the traditional primetime TV slot between 5pm and 11pm, for an average of 53 minutes

RIYADH: More Saudis watch short online videos than traditional TV, a new study suggests. Researchers found that more than 85 percent of Saudis viewed videos lasting less than 10 minutes at least once a day. Eight out of 10 watched premium professional short films every day, while only seven out of 10 watched traditional TV every day.
Short online films are watched most during the traditional primetime TV slot between 5pm and 11pm, for an average of 53 minutes.
Of those surveyed, 93 percent said mobile video helped them discover new and unique content, and 91 percent said it stimulated their minds, put them in a positive mood and gave them a chance to take a break from their daily lives.
“Saudis are some of the most avid short-form video consumers in the world,” said Andy Pang, head of international marketing science at Snapchat, the multimedia messaging app, which commissioned the survey.

HIGHLIGHT

A new study shows that while more video is being consumed than ever before in the Kingdom, there are major changes in viewing habits.

“With one of the highest levels of mobile Internet penetration, and one of the highest social messaging and media usage rates in the Middle East, Saudi Arabia is poised for a mobile, short-form expansion that may even eclipse more established markets.”
For the survey, Snapchat commissioned the National Research Group, an independent market research company, to conduct a representative study of 869 Saudis.