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31 Pace L. Rev. 291 (2011)
From Facebook to Mug Shot: How the Dearth of Social Networking Privacy Rights Revolutionized Online Government Surveillance

handle is hein.journals/pace31 and id is 293 raw text is: From Facebook to Mug Shot: How the Dearth of Social Networking Privacy Rights Revolutionized Online Government Surveillance Junichi P. Semitsu* Abstract Each month, Facebook's half billion active users disseminate over 30 billion pieces of content. In this complex digital ecosystem, they live a parallel life that, for many, involves more frequent, fulfilling, and compelling communication than any other offline or online forum. But even though Facebook users have privacy options to control who sees what content, this Article concludes that every single one of Facebook's 133 million active users in the United States lack a reasonable expectation of privacy from government surveillance of virtually all of their online activity. Based on Facebook's own interpretations of federal privacy laws, a warrant is only necessary to compel disclosure of inbox and outbox messages less than 181 days old. Everything else can be obtained with subpoenas that do not even require reasonable suspicion. Accordingly, over the last six years, government agents have worked the beat by mining the Professor Semitsu teaches at the University of San Diego School of Law and welcomes your feedback at semitsu@sandiego.edu. Once this Article is published, he is very unlikely to accept any friendship requests through Facebook, so please do not be offended if he refuses to give you an opportunity to poke him. He would like to thank the editors of the Pace Law Review, USD Law School Dean Kevin Cole, Kirstin Ault, and the following all-star USD Law School students for their invaluable assistance with this Article: Renee Keen, Breehan Carreon, Katherine Carlson, Michael Gilberg, Erik Johnson, and Andrew Gil. He is also grateful to the students in his Fall 2010 Media Law course, who provided some sources and feedback. Finally, he would like to thank his wife and son for their patience. 291

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