Social media has become the information pipeline that keeps our world connected. Whether you love it or hate it, social media is an ever-growing phenomenon that makes staying in touch and doing business across the globe possible for everyone. But, is using social media an appropriate way to deliver legal documents?
Well, the answer is probably not. Social media has been used since its creation by process servers to investigate targets, make contact, and even set up in-person meetings. With the current uptick in interest in encrypted social media messaging, serving process via these channels may not be too far in the future. But for now, sending the actual process documents via social media messaging is not acceptable in almost all situations, mainly due to privacy issues, security flaws, and reliability concerns.
Privacy Issues
If current news trends are to be believed, people value their privacy more today than ever before. Social media sites have amped up their privacy updates lately, with users able to control even the most minor of privacy settings for their accounts.
But, social media messaging is a whole other monster, and that would be the service process servers would use if the process were able to be served via these platforms. In order to identify people using social media messaging platforms for illegal purposes (i.e. selling drugs, human trafficking, etc.), the platforms regularly monitor messages sent and received for keywords and phrases, known illicit images, or known illicit file names.
This means that those platforms would also scan any documents sent via their messaging services, including any process documents. If the document is flagged as a potential violation for some reason, then an actual human being would review it before approving or denying it. This means someone would have access to personal information about all case litigants, potentially violating all of their rights to privacy.
Encrypted social media messaging seems like the obvious answer, but by hiding all of the information sent via their messaging services, social media monitors wouldn’t be able to catch the bad guys using their system. Advocates on both sides of this issue raise valid points, and only time will tell if the social media platforms will buckle to the pressure and encrypt, or continue to use their messaging services to stop crimes.
Security Flaws
Even if the process server implements hefty security protocols on their end, there is no way to know if the intended recipient of the process has any security protocols on theirs. In fact, the process server can’t even really know if the target even has access to their social media account or if others possibly have access to the account as well, which causes a slew of new privacy concerns. Not to mention that social media accounts are hacked all of the time, which leaves all of the victim’s personal information vulnerable.
A common scam is for hackers to access a person’s social media account, download their photos, and then threaten to release any inappropriate or x-rated photos to everyone on the person’s contact list if they are not paid a ransom. Imagine if these hackers got access to that person’s sensitive legal information? The consequences could be devastating for that person, especially if they are being accused of something they did not do and that accusation is released for all to see.
Reliability Concerns
Social media messaging platforms have no official return receipt feature, and even if they did, anyone with access to the person’s account could claim the intended target read the messages when they actually did not. The only notification most messaging platforms give a sender that their message was read is a tiny “Read” tag attached at the end of the message after it is presumably read by the recipient, which is not enough to satisfy the current proof of service laws in the United States.
The United States Constitution requires that all defendants, witnesses, and other parties to a legal case have ample time to prepare. Without knowing if a message was truly received and read by the intended recipient, this constitutional right is not upheld. A more robust proof of service feature is needed for process service via social media messaging.
Because of these three issues, service of process via social media in Florida is not allowed, except in cases of service by publication. Service by publication is only allowed in certain cases where all avenues to serve the intended recipient have failed, and there is no other course of action than publishing a notice of the defendant’s requested appearance in court in public spaces. The local newspaper is the most commonly used avenue for service by publication, but some judges have allowed process servers to post the notice in social media groups as well. This is not common practice, so not all judges will be on board.
Trust the team at Accurate Serve® in Pensacola, Panama City, Fort Walton Beach, Milton, and even Mobile to make sure the process in your case is served quickly and legally. We cover all of Florida’s judicial circuits and counties, and we have over a decade of experience locating process recipients on time and within budget. Visit us online or call (850) 264-2917 to find out how we can help you with the legal process in your cases today!
