Facebook Says Stop!!

The Drug Enforcement Agency is getting creative in finding ways to investigate and capture suspects.  A new means of investigation is through the use of social media. Agents are setting up false Facebook pages in order to initiate contact with suspected criminals.  They are using the names and images of those who have been captured in order to make further arrests and keep the cycle going.  The question is, "is this legal"?  According to Facebook's Chief Security Officer, Joe Sullivan, this is a direct breach of Facebook's user terms and condition, which state that a user agrees to be truthful about their identity.  Facebook claims that there have been several occurrences but that federal agencies have simply ignored their complaints.

Now there is ongoing litigation in the courts because of one such use.  Sondra Arquiett is suing the DEA and its agent, Timothy Sinnigen.  In 2010, Arquiett was arrested by a joint task force comprised of the DEA and DHS.  Her personal property, which included a cell phone containing several photos were seized.  Agent Sinnigen used those photos and other seized property to then set up a fake Facebook profile.  He used the profile for over three months in which time he made contact with several dangerous individuals involved in the trafficking of narcotics and other drugs.  The act was initially defended by the Justice Department who claimed that although Arquiett didn't give direct consent, she gave "implied consent".  However recently, the Justice Department said they would review the agents use of Facebook to see if it went too far.

The agent was very successful at making connections with other suspected criminals.  Social media is meant to be a place where one can make connections, but it is evident that this isn't what Facebook had in mind.  I question the legality of the DEA's action and the fact that it has not been dismissed by the courts backs that up.  The DEA not only used racy photos of Arquiett, some of which showed her in nothing but her underwear, but they also used photos of her children and other minor relatives.  This action puts those minors pictured in harms way.  Another aspect that I question is their broad interpretation of her agreement for them to use her information.  This should not be sufficient justification for a misuse of power.  To this I say:

http://www.foxnews.com/politics/2014/10/18/facebook-demands-dea-stop-using-fake-profile-pages-to-conduct-investigations/

http://www.washingtonpost.com/world/national-security/justice-dept-will-review-practice-of-creating-fake-facebook-profiles/2014/10/07/3f9a2fe8-4e57-11e4-aa5e-7153e466a02d_story.html