Is Somebody Watching You?

May 22, 2015

By Keffer Hirschauer LLP

“I always feel like somebody’s watching me, and I have no privacy.” Never have Rockwell’s lyrics been so true. On April 30, 2015, the Indiana State Court of Appeals released a decision that should change the way in which people use social media. In Wilson v. State, the Indiana Court of Appeals published a decision that allows for social media content to be much more easily presented against individuals involved in a lawsuit.

Prior to this decision, attorneys across the State of Indiana had the difficult task of receiving business records from these multi-national companies that would show who opened an account, what IP address the information was uploaded from, how often the account was accessed, and any MAC addresses related to the computer or mobile device that was uploading the information. Once that documentation was compiled, the attorneys were required to prove that all of that information was kept in the ordinary course of business and that it was relevant to the case at hand.

The Indiana Court of Appeals has now simplified the work of attorneys, and created a situation where someone’s digital words can and will be used against them. Now, post- Wilson, if one is in a divorce or custody action, that person can expect that their social media accounts (Twitter, Instagram, Facebook, Google Plus, and any others) to be put into evidence and used against them so long as someone familiar with the person and the account can attribute the comments and content to the account holder. The Wilson opinion represents part of a growing trend of courts across the country catching up to the use of social media. Just last month, a woman in New York was able to serve her husband with divorce papers using Facebook as the means to send the paperwork.

Contact Keffer Hirschauer LLP today if you are contemplating a divorce or involved in a child custody matter. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case. Act now and contact us today at (317) 857-0160