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09-Feb-2020 20:40 by 7 Comments

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Earlier this year, the realms of law and new media collided when Lori Drew was hit with federal charges for creating a fake My Space page and harassing a neighboring teenager, who then committed suicide. technology, prosecutors are reportedly searching Facebook and My Space for photos of defendants to use as character evidence in sentencing hearings.CNN reports that party photos and pictures of defendants drinking or looking unrepentant have resulted in harsher sentences for people charged in drunk driving accidents, with prosecutors presenting the incriminating pictures as evidence that the defendant lacked remorse.

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In the 20-year-old’s case, he was remorseful enough to drop out of college and write apologies to the victim and her family.

But the image of him sticking his tongue out at a party is far more likely to color a judge’s (or anyone’s) perception—a phenomenon that’s been proven by more than anecdotes.

Given that there’s no reason prosecutors can’t or won’t mine these sites for character evidence, technology is in essence handing these defendants a noose to hang themselves with.

Still, there’s the danger that a photo taken out of context can be disproportionately damning.

I’ve had a Yahoo account for over 10 years without a problem, even as I moved my business accounts over to Gmail.

Shouldn’t my security questions have been presented in this scenario? I also have location history turned on, so it’s not just my own manually saved locations (some of which are ancient), but Yahoo’s automated location technology keeping track of me. A simple rule set could have been applied here where users are asked to validate identity if the login (even a successful one) is outside of a 500 mile radius of any prior location.

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A girl charged in a fatal drunken driving crash also had photos from her My Space page downloaded by prosecutors, who used them in their pre-sentencing report.

The pictures, posted after the crash, showed her holding a beer bottle and wearing a “a belt bearing plastic shot glasses.” Her sentence was more than five years.

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