Antitrust Law Daily Wrap Up, PRIVACY NEWS: DOJ settles fake Facebook profile lawsuit, (Jan 21, 2015)
Law Firms Mentioned:Law Office of Donald T. Kinsella | The Law Offices of John D. Hoggan, PLLC | Zimmer Law Office, PLLC
By Jody Coultas, J.D.
The Department of Justice (DOJ) agreed to pay $134,000 to settle privacy claims filed by a New York woman against the government after Drug Enforcement Administration (DEA) agents used her information to set up a fake Facebook page in her name (Arquiett v. United States of America, January 20, 2015).
After being arrested in a drug bust, DEA agents allegedly created a fake Facebook page using photos and other information from Sondra Arquiett's seized cellphone as part of a scheme to trick Arquiett’s friends and associates into revealing incriminating drug secrets. The Facebook page, which included photos of her young son and niece and photos of Arquiett in her underwear, was allegedly set up without Arquiett’s knowledge and maintained for three months by a DEA agent.
Arquiett alleged that she suffered emotional distress and that the social media account put her in danger because it implied cooperation with a federal drug investigation. The DEA agent also allegedly used the account to “initiate contact with dangerous individuals” being investigated by the DEA.
The Justice Department initially defended the practice, saying Arquiett “implicitly consented by granting access to the information stored in her cellphone and by consenting to the use of that information to aid in ... ongoing criminal investigations.” A person whose property was inspected generally must waive his constitutional protections against unreasonable searches unless authorities obtain a warrant.
Although the settlement did not specifically prohibit the DEA from using similar undercover tactics in the future, the DOJ has announced a review of the practice.
The case is No. 13-cv-0752(TJM/TWD).
Attorneys: John D. Hoggan, Jr. (The Law Offices of John D. Hoggan, PLLC), Donald T. Kinsella (Law Office of Donald T. Kinsella), and Kimberly Zimmer (Zimmer Law Office, PLLC) for Sondra Arquiett. Richard S. Hartunian, United States Attorney.
News: Privacy NewYorkNews