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.


Twitter shuts more than 200,000 Chinese accounts targeting Hong Kong protests

Updated 20 August 2019

Twitter shuts more than 200,000 Chinese accounts targeting Hong Kong protests

  • Twitter traced the Hong Kong campaign to two fake Chinese and English Twitter accounts that pretended to be news organizations based in Hong Kong
  • An additional 936 core accounts Twitter believes originated from within China attempted to sow political discord in Hong Kong

WASHINGTON: Twitter said Monday it has suspended more than 200,000 accounts that it believes were part of a Chinese government influence campaign targeting the protest movement in Hong Kong.
The company also said it will ban ads from state-backed media companies, expanding a prohibition it first applied in 2017 to two Russian entities.
Both measures are part of what a senior company official portrayed in an interview as a broader effort to curb malicious political activity on a popular platform that has been criticized for enabling election interference around the world and for accepting money for ads that amount to propaganda by state-run media organizations.
The accounts were suspended for violating the social networking platform’s terms of service and “because we think this is not how people can come to Twitter to get informed,” the official said in an interview with The Associated Press.
The official, who spoke on condition of anonymity because of security concerns, said the Chinese activity was reported to the FBI, which investigated Russian efforts to interfere in the 2016 US presidential election through social media.
After being notified by Twitter and conducting its own investigation, Facebook said Monday that it has also removed seven pages, three groups and five accounts, including some portraying protesters as cockroaches and terrorists.
Facebook, which is more widely used in Hong Kong, does not release the data on such state-backed influence operations.
Twitter traced the Hong Kong campaign to two fake Chinese and English Twitter accounts that pretended to be news organizations based in Hong Kong, where pro-democracy demonstrators have taken to the streets since early June calling for full democracy and an inquiry into what they say is police violence against protesters.
Though Twitter is banned in China, it is available in Hong Kong, a semi-autonomous region.
The Chinese language account, @HKpoliticalnew, and the English account, @ctcc507, pushed tweets depicting protesters as violent criminals in a campaign aimed at influencing public opinion around the world. One of those accounts was tied to a suspended Facebook account that went by the same moniker: HKpoliticalnew.
An additional 936 core accounts Twitter believes originated from within China attempted to sow political discord in Hong Kong by undermining the protest movement’s legitimacy and political positions.
About 200,000 more automated Twitter accounts amplified the messages, engaging with the core accounts in the network. Few tweeted more than once, the official said, mostly because Twitter quickly caught many of them.
The Twitter official said the investigation remains ongoing and there could be further disclosures.
The Twitter campaign reflects the fact that the Chinese government has studied the role of social media in mass movements and fears the Hong Kong protests could spark wider unrest, said James Lewis at the Center for Strategic and International Studies.
“This is standard Chinese practice domestically, and we know that after 2016 they studied what the Russians did in the US carefully,” Lewis said. “So it sounds like this is the first time they’re deploying their new toy.”
Twitter has sought to more aggressively monitor its network for malicious political activity since the 2016 presidential election and to be more transparent about its investigations, publicly releasing such data about state-backed influence operations since October so others can evaluate it, the official said.
“We’re not only telling the public this happened, we’re also putting the data out there so people can study it for themselves,” the official said.
As for state-backed media organizations, they are still allowed to use Twitter, but are no longer allowed to pay for ads, which show up regardless of whether you have elected to follow the group’s tweet.
Twitter declined to provide a list of what it considers state-backed media organizations, but a representative said it may consider doing so in the future. In 2017, Twitter specifically announced it would ban Russia-based RT and Sputnik from advertising on its platform.