Monday, December 16, 2013

Facebook Tracks Everything

Now we know that even what you don't post on Facebook might be saved forever on Facebook. From
Most of us have, at one time or another, started writing something and then, probably wisely, changed our minds.
Unfortunately, the code that powers Facebook still knows what you typed—even if you decide not to publish it. It turns out that the things you explicitly choose not to share aren't entirely private.
The article raises two interesting issues for attorneys: (1) in addition to requesting Facebook emails, messages, and photos as part of discovery, attorneys should consider requesting this unposted information as well; and (2) if you represent tech companies like Facebook, make sure this type of data collection is permitted in your Terms of Use.