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Judge orders divorcing couple to swap Facebook passwords

A Connecticut judge recently ordered a divorcing couple to disclose their Facebook and online dating passwords.

The soon-to-be-ex-husband and wife, Courtney and Stephen Gallion wont just be giving up their investments, cars, TV’s and children, but also their Facebook passwords.

It is well known evidence from social networking sites is useful for divorces, and their lawyers, rather than the couple, will exchange the information.

The court order came after Stephen found ‘useful’ information on a shared computer, and when, during deposition his lawyer asked for Courtney’s passwords, she complied, but then texted a friend to delete messages.

Destroying evidence is against the law, so the husband’s attorney asked the judge to stop her and compel both parties to disclose passwords – this would let them gather necessary information, and prevent them from deleting evidence without getting caught.

In “normal” discovery, a litigant is usually asked to turn over “responsive material” not the keys to access all that material and more.

Password exchanges break Facebook’s terms of service.

Judge Shluger tried to limit the privacy invasiveness of his order by telling the parties not to prank each other.

“Neither party shall visit the website of the other’s social network and post messages purporting to be the other,” he ordered.

Sources

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