Monday, December 5, 2011

Facebook download feature useful in ESI discovery

Though it came out about a year ago, I have just now used the "Download Your Information" feature to do just that with my account. It allows a user to download nearly all activity they have had since joining Facebook into a single ZIP file.

While it doesn't include what I have done on other's profiles and posts, everything that has ever been posted on my wall is there - all the way back to the first wall post on March 5, 2005 (Facebook was so much simpler back then!). It's all collected into a single HTML file along with all of the pictures that others and myself have posted. A separate page contains links to all of the pictures and videos I've uploaded to Facebook. A list of friends (alphabetical by first name) is included as well as another page that lists every message I have ever sent or received.

As you might imagine, this service could be very useful during discovery. In several cases, judges have ordered parties to share their Facebook password with the other side. Simply downloading your client's information and passing it along would be a much easier process and when done early, it would ensure preservation of the data. There is no guarantee, however, that this file will contain deleted data, which Facebook only keeps for 90 days. That information may need to be obtained via subpoena directly from Facebook.

To try it out for yourself, open Facebook, click the arrow in the upper-right corner, and select "Account Settings." Then click "download a copy" near the bottom of the page. Once you get the process started, you'll be able to return in a couple hours to download the file.

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