Screen snapshot of a Web site, SaharDaftary.org, set up to solicit information about Daftary's death.
(Credit: SaharDaftary.org)
Facebook has successfully fought a subpoena trying to seek access to the account of a beauty queen who died after falling from the 12th floor of her ex-lover's apartment, CNET has learned.
A federal judge in California yesterday rejected a attempt from representatives of the estate of Sahar Daftary to gain access to her Facebook account.
Her mother is hoping to show a Manchester, U.K., coroner's inquest that Daftary, a onetime Face of Asia beauty contest winner, did not commit suicide when falling from the apartment of property developer Rashid Jamil in 2008.
But U.S. Magistrate Judge Paul Grewal said that a federal law called the Stored Communications Act does not require Facebook to comply with such a subpoena in a civil case. Grewal wrote:
The case law confirms that civil subpoenas may not compel production of records from providers like Facebook.... It would be odd, to put it mildly, to grant discovery related to foreign proceedings but not those taking place in the United States. Nor is the court persuaded that Applicants' consent on Sahar's behalf distinguishes these precedents so as to justify compelling production... consent may permit production by a provider, it may not require such a production. The Applicants subpoena... [Read more]
via CNET http://feedproxy.google.com/~r/cnet/NnTv/~3/Pw6umZBYq2I/
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