We live in an age of instant information and communication. The internet, arguably the greatest innovation of our generation has connected people around the world and social media has acted as the vessel making it all possible.  Although such instant information and connectivity has its obvious benefits, there are also some downfalls. Privacy is almost non-existent in the realm of social media. And why would it be? It is called “social” media after all.  What many people don’t realize is that when you post something on twitter, facebook, instagram or any other social media platform,  that information is gone forever and available for ANYONE to see, including of course law enforcement.

But why should I care if law enforcement can see my posts? They can’t prove where it came from or that I posted it.  Most law enforcement agencies nowadays, including local agencies, have wised up to the rich fields of confessions and admissions that are available now throughout social media. These posts usually made by either those currently charged with crimes or those being investigated.  And the means and technology available to law enforcement in looking into social media accounts have made them quite efficient at finding incriminating statements.

Devices used to connect to the internet come with them unique IP Addresses. Those IP address can only be used by one device at any one time.  These addresses are unique and come with them other identifying information used to by law enforcement in determining the source of a particular social media post. Meta Data is also used accompanying a social media post involving photos or videos. This data can be used to tell the date, time, place and model of camera used including GPS if enabled. Your IP history as well as email addresses, real names, phone numbers, cloud information and connected accounts can all be accessed via social media posts by law enforcement.

Social media companies store this information for business purposes to enable things like billing and product/marketing tracking and often send information back during internet communications between servers. This information is typically stored for long periods of time thus allowing law enforcement via search warrants or court orders to search through your social media posts.

Therefore, if someone is accused of committing a crime and posts something about the alleged facts in that crime on social media, it is likely that law enforcement would be able to ascertain the IP address, date, time and location of the post relating to that address, as well as any subscriber and account information of the internet service provider used to access said IP address. In other words, law enforcement would be able to prove the home address, the internet and utilities account holders real name, the type of device used and the date and time it was used to access the social media post.

With the influx of technological advances in internet communications, so too has there been an advancement in cyber-crimes investigations and the technology used therein.  If you have been charged with a crime or are being investigated for a crime, it would be wise not to discuss your case on social media. As a former prosecutor Kevin Potts knows firsthand how social media can be used against the accused in the criminal justice system. If you believe you may have incriminating social media posts out there and have been charged with or are being investigated for a crime, call Kevin today. 317-951-0087

www.kevinpottslaw.com