A Question of Law Information posted on social networking sites isn't private
By JOEL T. EMLEN The McLane Law Firm
A: Most often, yes, because when it comes to social networking sites, there is little that is truly personal or private.
Social networking sites have over one billion users worldwide. Facebook alone, is approaching one billion and has more than 150 million in the United States (an estimated 40 percent of the U.S. population). Facebook users in the United States spend more than 50 billion minutes per month on the site the equivalent of 100,000 years engaging in a whole host of activities, such as posting pictures and videos, giving status updates, or making comments on their friends' Facebook walls. Twitter is not far behind with more than 100 million U.S. accounts and in excess of 400 million tweets per day worldwide. Given that these sites are social, it should come as no surprise that users often do not think critically about the content of their posts or believe the information is personal and private because only friends can see it.
Courts, however, are finding that parties in lawsuits must disclose information posted on social media sites, and some courts are compelling parties to turn over their log-in information to opposing counsel. The information subject to disclosure may include publicly accessible portions of the site, as well as what is available only to friends. But if your friends tag you in any posting, that information is shared with others, not just your friends.
Generally, for a party to obtain information available only to friends, there must be some evidence found in the public view of that party's profile that is relevant to the case. Of course, if your friend is the opposing party, this limitation would not apply, and it raises the question especially in the context of employment and workers compensation disputes about whether to be connected on these sites with co-workers and supervisors.
Social networking sites let us communicate more easily with more people than ever before. With the click of a button or the touch of an app, we can connect or reconnect with family and friends and share photographs and videos of birthdays, holidays, cookouts and our most recent vacation. But you also must know that information posted to these sites is not personal and private and may become public and shared with others in a lawsuit. Staying vigilant and scrutinizing this information is a must. Joel Emlen can be reached at joel.emlen@mclane.com.
Know the Law is a bi-weekly column sponsored by The McLane Law Firm.
We invite your questions of business law. Questions and ideas for future columns should be addressed to: Know the Law, The McLane Law Firm, P.O. Box 326, Manchester, NH 03105-0326 or emailed to knowthelaw@mclane.com. Know the Law provides general legal information, not legal advice. We recommend that you consult a lawyer for guidance specific to your particular situation.
Continue reading here:
A Question of Law Information posted on social networking sites isn't private
- Should AI Bots Run Their Own Social Media Network? Not If Its Like Moltbook - Forbes - February 18th, 2026 [February 18th, 2026]
- Death isn't the end: Meta patented an AI that lets you keep posting from beyond the grave - Business Insider - February 18th, 2026 [February 18th, 2026]
- Perhaps we should all be banned from social media - Financial Times - February 18th, 2026 [February 18th, 2026]
- Meta patents AI system that could keep your social media alive after death - Audacy - February 18th, 2026 [February 18th, 2026]
- Meta patents AI that lets dead people post from the great beyond - Fast Company - February 18th, 2026 [February 18th, 2026]
- Meta Patented AI That Takes Over Your Account When You Die, Keeps Posting Forever - Futurism - February 18th, 2026 [February 18th, 2026]
- "Repulsive and immoral": Backlash grows after Meta obtains patent for AI bots to take over a dead user's account - The Daily Dot - February 18th, 2026 [February 18th, 2026]
- Portugal joins international push for limits on social media access by teens - TechCentral.ie - February 18th, 2026 [February 18th, 2026]
- posterly Launches AI-Native Social Media Scheduler Supporting 9 Platforms Starting at $7/Month - openPR.com - February 18th, 2026 [February 18th, 2026]
- They dont deserve to hear this God-level talk - Kevin Durant jokes hed quit social media before video games - Basketball Network - February 18th, 2026 [February 18th, 2026]
- Death is only the beginning? Meta patents tech that'll let AI run your social media from beyond the grave | WION Explains - WION - February 18th, 2026 [February 18th, 2026]
- What is Moltbook? Inside the AI-Only Social Network Where Humans Arent Allowed - The Bridge Chronicle - February 18th, 2026 [February 18th, 2026]
- Social network X experienced an outage, with complaints coming from various countries - () - February 18th, 2026 [February 18th, 2026]
- Were you one of the affected users of X outage yesterday? Service was restored to Elon Musk-owned social network X after it had failed to show posts... - February 18th, 2026 [February 18th, 2026]
- AI Agents Get Their Own Social Network - And It's Existential - The Tech Buzz - February 2nd, 2026 [February 2nd, 2026]
- OpenAI Wants To Use Biometrics To Kill Bots And Create Humans Only Social Network - Forbes - February 2nd, 2026 [February 2nd, 2026]
- AI agents social network becomes talk of the town - The Economic Times - February 2nd, 2026 [February 2nd, 2026]
- What a Chaotic Social Network for AI Agents Reveals About the Future of Booking - Skift - February 2nd, 2026 [February 2nd, 2026]
- Theres a social network for AI agents, and its getting weird - The Verge - February 2nd, 2026 [February 2nd, 2026]
- Where bots go to socialize: Inside Moltbook, the AI-only social network - Washington Times - February 2nd, 2026 [February 2nd, 2026]
- AI Bots Built Their Own Social Network With 32,000 MembersNow Things Are Getting Strange - Technology Org - February 2nd, 2026 [February 2nd, 2026]
- The First Year of AI Social Networking: The Machine - to - Machine Interaction Revolution of Moltbook and New Industry Opportunities - 36 Kr - February 2nd, 2026 [February 2nd, 2026]
- Inside Moltbook: the social network where AI agents talk to each other - Financial Times - February 2nd, 2026 [February 2nd, 2026]
- Is Moltbook, the social network for AI agents, actually real? Kind of - The Daily Dot - February 2nd, 2026 [February 2nd, 2026]
- AI Agents Create Their Own Religion on New Machine-Only Social Network - GreekReporter.com - February 2nd, 2026 [February 2nd, 2026]
- AI Agents Have Their Own Social Network Now, and They Would Like a Little Privacy - Gizmodo - February 2nd, 2026 [February 2nd, 2026]
- Bots Have Their Own Social Networkand Its Where They Gripe About Humans - La Voce di New York - February 2nd, 2026 [February 2nd, 2026]
- Pleasant Hub is a new social network for adults aged 55+ with no algorithms or politics - and a design firmly rooted in the past - BetaNews - February 2nd, 2026 [February 2nd, 2026]
- Inside the AI Social Network Where 1.5 Million Bots Are Having an Existential Meltdown - Gadget Review - February 2nd, 2026 [February 2nd, 2026]
- Inside Moltbook: the Reddit for AI Where Bots Build Their Own Society - eWeek - February 2nd, 2026 [February 2nd, 2026]
- 'How to sell your human?': Chats on AI-only social network 'Moltbook' have netizens fearing an uprising - Times of India - February 2nd, 2026 [February 2nd, 2026]
- A new AI religion has been born on the social networking site 'Moltbook' for AI agents, and its doctrines, such as 'memory is sacred,' are becoming a... - February 2nd, 2026 [February 2nd, 2026]
- What is Moltbook: the social media network where only AI bots are allowed - Neowin - February 2nd, 2026 [February 2nd, 2026]
- Inside Moltbook, the Strange Social Network Where AI Agents Talk Only to Each Other - ucstrategies.com - February 2nd, 2026 [February 2nd, 2026]
- Meta, TikTok and YouTube heading to trial to defend against youth addiction, mental health harm claims - CNN - January 26th, 2026 [January 26th, 2026]
- Social media bans dont work but theyre still worthwhile - The Boston Globe - January 26th, 2026 [January 26th, 2026]
- Woman arrested for recruiting people on social media to assassinate Trump - weau.com - January 26th, 2026 [January 26th, 2026]
- Weather influencers are going viral. How much should we trust them? - NPR - January 26th, 2026 [January 26th, 2026]
- Social network UpScrolled sees surge in downloads following TikToks US takeover - TechCrunch - January 26th, 2026 [January 26th, 2026]
- A crypto social media networks failure raises an awkward question: Is blockchain good for anything beside finance? - Fortune - January 26th, 2026 [January 26th, 2026]
- Solidarity is a verb: going beyond social media posts, marches and demos - Right to Remain - January 26th, 2026 [January 26th, 2026]
- I have always spoken about social media and the power of social media. For the good and for the bad, David Beckham said. - facebook.com - January 24th, 2026 [January 24th, 2026]
- How FTC v. Meta Reshapes the Debate on Social Media and First Amendment Protections - promarket.org - January 24th, 2026 [January 24th, 2026]
- Vitalik Buterin: Full Return to Decentralized Social Networking in 2026 - Yahoo! Tech - January 24th, 2026 [January 24th, 2026]
- The Federal Trade Commission Won't Give Up Its Crusade Against Meta - Reason Magazine - January 24th, 2026 [January 24th, 2026]
- Sermo: A Social Network Made Just For NPs and PAs - Nurse.org - January 24th, 2026 [January 24th, 2026]
- 20 Forgotten Social Media Platforms That Once Ruled the Internet - AOL.com - January 24th, 2026 [January 24th, 2026]
- Among the world's major countries, Australia is the first country to ban users under the age of 16 f.. - - January 24th, 2026 [January 24th, 2026]
- Vitalik Buterins Revolutionary Return to Decentralized Social Media Promises Authentic Web3 Communication - Bitget - January 24th, 2026 [January 24th, 2026]
- X is the latest social network to copy Blueskys starter packs. - The Verge - January 24th, 2026 [January 24th, 2026]
- After Threads Overtakes X: Meta's Social Siege and Monetization Challenges - - January 24th, 2026 [January 24th, 2026]
- Neo-Nazis told to limit gathering sizes and coached to avoid arrest - Australian Broadcasting Corporation - January 24th, 2026 [January 24th, 2026]
- Jonathan Haidt Brings New Evidence to the Battle Against Social Media - The New York Times - January 18th, 2026 [January 18th, 2026]
- Why LinkedIn is a hunting ground for threat actors and how to protect yourself - WeLiveSecurity - January 18th, 2026 [January 18th, 2026]
- The Hot Social Network Is LinkedIn? - Economist Writing Every Day - January 18th, 2026 [January 18th, 2026]
- Bluesky rolls out cashtags and LIVE badges amid a boost in app installs - TechCrunch - January 18th, 2026 [January 18th, 2026]
- World-first social media wargame reveals how AI bots can swing elections - The Conversation - January 18th, 2026 [January 18th, 2026]
- More than 4.7m social media accounts blocked after Australias under-16 ban came into force, PM says - The Guardian - January 18th, 2026 [January 18th, 2026]
- Social Media site X crashes, tens of thousands of users affected worldwide - The Eastleigh Voice - January 18th, 2026 [January 18th, 2026]
- Heavy social media use and avoidance both linked to poorer wellbeing in teens - Australian Broadcasting Corporation - January 18th, 2026 [January 18th, 2026]
- Social Networking Q3 Earnings: Reddit (NYSE:RDDT) is the Best in the Biz - The Globe and Mail - January 8th, 2026 [January 8th, 2026]
- Kobe Bryant once explained why he was so active on social media: Im a smartas at heart - Basketball Network - January 8th, 2026 [January 8th, 2026]
- Most people think social media is bad for kids. Australia is trying to prove it - BBC Science Focus Magazine - January 2nd, 2026 [January 2nd, 2026]
- Scrolling Minds: How social networking sites are quietly reshaping student life - Rising Kashmir - January 2nd, 2026 [January 2nd, 2026]
- Coinbase bets on stablecoins, Base and 'everything exchange' for 2026 - TradingView Track All Markets - January 2nd, 2026 [January 2nd, 2026]
- The 25 Best Movies of the Century: No. 1, The Social Network - The Ringer - January 2nd, 2026 [January 2nd, 2026]
- Mastodon Surges as Decentralized Alternative to X, Doubles Users by 2026 - WebProNews - January 2nd, 2026 [January 2nd, 2026]
- From that bird guy to bus aunty: the real social media personalities rising above AI slop - The Guardian - December 29th, 2025 [December 29th, 2025]
- Enhancing Link Prediction in Social Networks with LSTM - BIOENGINEER.ORG - December 29th, 2025 [December 29th, 2025]
- The Class Where Screenagers Train to Navigate Social Media and A.I. - The New York Times - December 29th, 2025 [December 29th, 2025]
- YouTuber boxer Jake Paul released a photo of him showing off his cash bundles and firearms on his pe.. - - December 29th, 2025 [December 29th, 2025]
- Opinion: Should the US prohibit kids from using social media? - Caribbean National Weekly - December 29th, 2025 [December 29th, 2025]
- Social Media Management Apps Market is set to Fly High Growth in Years to Come - openPR.com - December 29th, 2025 [December 29th, 2025]
- In new social media policy,Army allows limited usage - Times of India - December 29th, 2025 [December 29th, 2025]
- Las Cruces man charged after FBI traces school shooting threat to social media post - Shore News Network - December 29th, 2025 [December 29th, 2025]
- How teens stay connected to friends, family overseas without social media - Australian Broadcasting Corporation - December 29th, 2025 [December 29th, 2025]
- Early research shows benefits of social media break - Harvard Gazette - December 18th, 2025 [December 18th, 2025]
- What to know about the merger of Trump's social media company and a nuclear fusion firm - WBUR - December 18th, 2025 [December 18th, 2025]
- Study Links Social Avoidance to Increased Risk of Problematic Social Networking Site Use - geneonline.com - December 18th, 2025 [December 18th, 2025]
- Bluesky Launches Privacy-Focused Find Friends with Opt-In Hashing - WebProNews - December 18th, 2025 [December 18th, 2025]