Sentencia de la suprema corte del estado de Nueva York del 4 de abril de 2017: facebook v. oficina del fiscal del condado de Nueva York
The growing importance of electronic communications gives a special interest to its protection, which involves several fundamental rights and guarantees such as freedom, privacy and property. Due to the importance of the discussion and the different positions it reflects on an issue of such sensitiv...
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| Format: | Article |
| Language: | Spanish |
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2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6069361 |
| Source: | Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 23, 2017 (Ejemplar dedicado a: Enero-Junio), pags. 241-274 |
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| Summary: |
The growing importance of electronic communications gives a special interest to its protection, which involves several fundamental rights and guarantees such as freedom, privacy and property. Due to the importance of the discussion and the different positions it reflects on an issue of such sensitivity and pertinence in the world today, we publish below the translation of the decision by the Supreme Court of the State of New York of April 4, 2017, on the 381 search warrants directed to Facebook user accounts, ordered by the same Court in 2013 in response to a request by the New York County District Attorney, supported in turn by an affidavit given by a prosecutor in a criminal investigation. Facebook filed a motion seeking annulment of the search warrants and disclosure of the Prosecutor’s affidavit but both motions were rejected by the Appeals Division, whereupon Facebook appealed to the New York Supreme Court, which dismissed the appeal. Although most agreed that the appeal was not appropriate, the views of the judges contain interpretations that make their reading very useful and particularly the opinión given by the dissenting judge offers enriching arguments for defending the rights of users of electronic services. |
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