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Should it be legal to serve divorce papers on Facebook?

(SOCIAL MEDIA NEWS) For those unlucky in love, Facebook offers a way to be told that your marriage is over: the electronic delivery of divorce papers.

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You’ve been served

Since its beginnings in a Harvard dorm room in 2004, we’ve increasingly come to rely on Facebook for a multitude of services through its core brand, as well as its multiple acquisitions.

Want to stay in touch with old friends and make new ones? It’s got it. Take and share multitudes of photos in your daily life, documenting the sublime to the banal? It’s got that, too. Virtual reality? Yes, even that.

And, for those unlucky in love, Facebook offers a way to be told that your marriage is over: the electronic delivery of divorce papers.

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The traditional way

To be fair, Facebook — and the law — doesn’t discriminate as to which kind of process service you receive on the platform. So, instead of divorce papers, it might well be a notice that you’re being sued by a neighbor. And, to be fair, Facebook or other social media sites won’t be the first step taken to contact you.

We’re familiar with the trope of the process server. He hangs about outside of the house or office of the soon-to-be-served, resorting to subterfuge when necessary to get the signature he needs on the documents, saying “You’ve been served,” as the papers flutter into the hands of the sued.

Very little of this is close to a true depiction of what life is like for the process server, but the image persists. In some instances however, it is accurate.

It’s not hard to imagine the lengths people might go to avoid being sued. Accurate and timely service of process of a complaint is crucial to ensure the potential defendant in a proceeding knows they are being sued, and has the fullest ability to respond to the claims against them.

A new precedent

If you’re being sued, you can expect the courts to attempt to notify you through traditional methods like in-person service or through certified mail. However, when neither of those methods prove fruitful, courts may allow the plaintiff to attempt to serve you through substituted or alternative service methods, including electronic service.

A decade ago, using e-mail to provide service of process was a novelty. Courts fretted over this, as they were uncertain about the reliability and the ubiquitousness of the method. However, as we’ve seen, the overwhelming majority of Americans regularly check their e-mail accounts.

Using e-mail to provide notification to parties in a case is now a regularly accepted tool.

With the continued expansion of social media sites, such as Facebook, one could argue an expansion of process service to include those sites would ensure people are notified in a reliable way.

Working for the read receipt

“The desire to give actual notice is at the heart of service. The strongest argument for effectuating service of process through social media — Facebook in particular — is that, in many cases, the likelihood of the defendant receiving actual notice is extremely high because users of social media typically access their accounts regularly,” writes Keely Knapp, JD, in the Louisiana Law Review. “Moreover, through social media the plaintiff has the ability to gauge a defendant’s interaction on the account, which makes assessing the chance of actually receiving notice even more accurate.”

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Think about it for a moment. If the process server can verify you logged into your Facebook or other social media account and posted updated, or interacted through Messenger, then, when all else traditional fails, that’s the best — and probably most accurate — way to let you know you need to respond to a lawsuit.

The critical point here is that you’ve got to be able to ascertain that it’s actually the person who is named on the account using it to be able to claim that service of process via Facebook was accurate and timely. Consider for example a recent divorce trial in Brooklyn. The state of New York previously allowed Facebook as an alternate means of service when all else had failed. However, the judge in this case ruled that the defendant hadn’t interacted with his Facebook account since 2014.

Given a lack of updated information, there was no way to establish that he would presumptively come across it. While his wife argued that she had interacted with her husband on Facebook since 2014, she had no physical documentation of those exchanges.

“As such, plaintiff has not demonstrated that… service by Facebook is reasonably calculated to apprise defendant of the matrimonial action,” concluded the judge. “Before the Court could consider allowing service by Facebook…the record must contain evidence that the Facebook profile was one that defendant actually uses for receipt of messages.”

Utah, the cutting edge of law

The model for utilizing social media sites as an alternative service of process comes from a perhaps unlikely source: the state of Utah.

The state has been at the leading edge of considering ways to allow its citizens to interact with the court system in a smoother fashion.

Because of this forward thinking attitude, the state amended its rules of civil procedure in 2001 — before the existence of Facebook — to include electronic formats, mentioning email and “other possible electronic means”.

Thinking back to 2001, the social media landscape was barren. Sure there was Xanga, but Friendster wouldn’t come along until the next year, and Tom wouldn’t be our friend on Myspace until 2004. So, as Stephanie Irvine noted, “what was also genius about this is that when said electronic means became possible, the law wouldn’t need to be rewritten, and thus, judges could determine when the “other means” would be appropriate.”

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The courts in Utah have remained progressive, at least on this front. In 2010, rules were amended, and a specific affidavit was created for process service by electronic means, specifically mentioning “Social Network (such as Facebook), Twitter, Text Message, and Phone.”

Soon to be adopted as normal

While not every state has caught up to the electronic revolution for alternative electronic means of process service, there will come a time when it will seem like a normal part of operations. We’ve accepted the alteration of our lives with the assistance of technology. The unimaginable and fantastic are becoming commonplace daily.

The ingrained nature of social media means that, for some, it is the most reliable means of getting in touch with them.

Their online presence may be more stable than their corporeal one.

As with any form of legal documentation, ensuring the intended recipient actually receives it and can be documented doing so is critical. So as you peruse your Facebook timeline or Twitter feed, be careful about just scrolling on through. You might just miss an important date in your future.

#Served

Roger is a Staff Writer at The American Genius and holds two Master’s degrees, one in Education Leadership and another in Leadership Studies. In his spare time away from researching leadership retention and communication styles, he loves to watch baseball, especially the Red Sox!

Social Media

Facebook wants your nudes now to protect you from revenge porn later

(SOCIAL MEDIA) Facebook, attempting to get in front of revenge porn, is requesting that users send in all of their nudes.

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In a heroic and totally innovative attempt to combat revenge porn, Facebook has come up with the following solution: “PM US UR NUDEZ.”

No seriously. They want your nudes.

But don’t worry, they’re only going to be viewed by a small group of people for manual confirmation of said nudes, and then stored temporarily… for reasons.

That part gets a little fuzzy. Some sources report that Facebook isn’t actually storing the images, just the links. This is meant to convert the image to a digital footprint, known as a hash, which is supposed to prevent the content from being upload to Facebook again.

Others say Facebook only stores the images for a short period of time and then deletes them.

What we do know, is this is a new program being tested in Australia where Facebook has partnered with a small government agency known as e-Safety and is requesting intimate or nude photos that could potentially be used for revenge porn in an effort to pre-emptively prevent such an incident.

Revenge porn is basically when someone uploads your personal and private photos online without your consent. Rather than address the issue of whether or not it’s such a good idea to take photos on a mobile, hackable device, it’s better to just send a large corporation all your nudes… through their Messenger app. /sarcasm

For your protection.

According to the commissioner of the e-Safety office, Julie Inman Grant, however, they’re using artificial intelligence and photo-matching technologies… and storing the links!

If this isn’t convincing enough, British law firm Mishcon de Reya LLP wrote in a statement to Newsweek, “We would expect that Facebook has absolutely watertight systems to guard the privacy of victims. It is quite counter-intuitive to send such intimate images to an unknown recipient.”

Oh, she wasn’t joking.

I’m not sure how many people still hold onto old intimate photos of themselves, but I am doubtful that it’s enough for this to really be effective as it only prevents intimate photos from being shared on Facebook. At least that’s the plan.

Reactions to this announcement have largely been met with amusement and criticism ranging from commentary on Mark Zuckerberg and Co. being total pervs, and theories of shared Facebook memories: “”Happy Memories: It’s been 1 Year since you uploaded 47 pictures of you in your birthday suit”!

Either way, I can only imagine someone’s inbox is flooded with crotch shots right now, and Zuckerberg has a potential new industry in the works.

Just sayin’.

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Social Media

Twitter might make a profit for the first time… ever

(SOCIAL MEDIA) Twitter seems to be very popular but it may surprise you to know that this is the very first time they might make a profit.

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Twitter reports that after a year of slashing expenses and putting itself in a position to sell data to other companies, it’s expected to be profitable. What’s surprising (considering how #huge Twitter is) is that this the first time that it will be profitable based on “generally accepted accounting principles” – #GAAP!.

In the 11 years since Twitter took to the field, it has never once met this standard, operating at a loss of nearly 2.5 billion dollars since its inception.

Twitter has struggled of a number of reasons, but particularly after going public in 2013 it suffered declining user growth, the rise of the #twittertrolls (coincidentally, Troll’s are discussed in my favorite TIME piece about the internet – located here), and competition from Facebook for the tough realm of advertising.

Since 2013, shares fell steadily, but things have increased thanks to some optimistic changes – the promise to crack down on harassment and abuse, a feed arranged by algorithm instead of time, and Twitter’s most vocal fan of late, President Donald Trump.

For the numbers fans, Reuters provides some input: Twitter’s loss narrowed to about 21 million down from 103 million this year. They have worked to cut a great deal of expenses -16 percent across the board broadly impacting sales, marketing, and R&D.

This kind of focused core improvement (can) help tip the balance sheet on the expenses side – but generating revenues remains a challenge due to slow growth. Twitter hopes to relieve this by working out some deals to sell data – the currency of the 21st century.

Several months ago, TechCrunch made perhaps the most important observation – that despite the fact Twitter has changed the world, changed our marketing, and empowered us to connect with other people, it has remained unprofitable. Many small and large businesses profit from Twitter, but in these 11 years the company hasn’t #sharedinthewealth.

Twitter is touching every realm of business and for American’s, is touching every aspect of their lives given its new form as the preferred medium of the political sphere. Given that, they have much to do to change.

Facebook commands an audience five times the size of Twitter – and their ability to reach success for the future seems #questionable. And how Twitter’s success changes the scape of influence, outreach, and entrepreneurship is something else to be seen.

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Social Media

Is Facebook a potential Slack killer?

(SOCIAL MEDIA) Facebook’s steady ascent from social networking into the business world is giving Slack a run for their money.

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When it comes to the business realm, Facebook has steadily been increasing their reputation. Though Facebook is pinned as the social network, they are now proving to everyone that they can dominate in the professional sector as well.

Last year, Facebook launched an ad-free version of the site meant for the office called Workplace. Initially, 1,000 companies were signed on to try out this “Facebook for the office” in its starter phase.

As of last week, Facebook announced that 30,000 organizations currently use Workplace. These aren’t just small time companies. Some of Workplace’s users include Starbucks, Lyft, Spotify, Heineken, Delta and most recently Walmart.

It seems that overnight it grew from another side project to a valid rival for other professional communication tools like Slack.

Slack is the go-to site for business professionals. With over 6 million users and acquiring more every day, Slack is the place for teams to collaborate in real-time. It has virtually replaced email and external software when it comes to internal communication.

Slack has been successful at acquiring small corporations to use their service.

The problem is that Slack has yet to join forces with larger clients that have now turned to other applications. Just last year, Uber left Slack because they could not handle their large-scale communication needs.

In addition to being able to handle the needs of large companies, Facebook also offers cheaper services than Slack. A premium account with Workplace costs $3 per user each month while Slack charges double at $6.67 per user each month.

With the rapid growth and major reputation of Facebook behind it, many predict that Workplace will replace Slack, and other sites like it, in the not so distant future.

Recently, Facebook also launched the Workplace desktop app and plan to include group video chat. The biggest obstacle Workplace faces is the association with Facebook. It is ironic, since it is also their greatest strength.

The truth remains that many people think of Facebook solely as a social media network. Many companies forbid the use of it at work so the transition from the personal to the professional realm is still an uphill battle.

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