Kenneth N. Rashbaum and Jason M. Tenenbaum, Facebook Appeals Catch-22 Order: If It Can’t Protect the Privacy Rights of Users and a Gag Order is in effect, Who Can?

The authors discuss some documents revealing that Facebook has been engaged in a Catch-22-type dispute with the New York County’s District Attorney’s Office with regard to protecting the privacy of Facebook users. The discussion stems after the District Attorney’s Office obtained warrants for, among other things, “any and all subscriber and account information and user contact information” relating to the accounts of 381 users. In addition to the demand for information, the warrants included a “gag order” that prevents Facebook from disclosing the existence of the warrants to anyone, including the affected users.

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