A judge in a Connecticut divorce case has ordered a feuding husband and wife to provide the passwords to their individual Facebook accounts to each others’ attorney.  The couple is engaged in a child custody battle, and according to the husband’s attorney, the wife’s Facebook account may contain messages or other information that reflect poorly on her parenting. The wife initially disclosed her password in a deposition; however, immediately afterward, she instructed a friend to change it.  The husband then sought an injunction which would order the wife not to change her Facebook account in any way.

The judge ruled in the husband’s favor, although he did order a mutual exchange of password information for both parties’ Facebook accounts, as well as online dating accounts.

It’s well known that Facebook has become a popular evidence gathering tool in all types of litigation.  That evidence, however, is usually gathered by viewing a party’s Facebook page online through an account set up either by the lawyer or the client – not by gaining access to the account itself.  Some critics of the ruling consider it to be an intrusion on an individual’s privacy, given the fact that it allows both parties unfettered access to, perhaps, years of social networking information.

Courts have had a difficult time bending old discovery and evidence rules around the ever-changing advances in technology since the internet age began.  Social networking as an evidence gathering tool presents yet another complex and still relatively unknown issue for attorneys, parties, and courts in the discovery process.  Rulings such as this one are likely to be appealed, and hopefully, with time, courts will be able to develop a more uniform set of rules regarding access to and the use of information gathered through websites like Facebook.

However, as a matter of common sense, one should always use caution when using Facebook or any other social networking site – especially when involved in a contentious divorce.

Story via Forbes.com.