The Fourth Amendment and Privacy Issues on the New Internet: Facebook.com and Myspace.com
![handle is hein.journals/siulj31 and id is 115 raw text is: THE FOURTH AMENDMENT AND PRIVACY
ISSUES ON THE NEW INTERNET:
FACEBOOK.COM AND MYSPACE.COM
Matthew J. Hodge*
One of the things that is most fascinating about [Facebook] is how it
illuminates the changing nature of public and private identity. This is new
ground on every level. What people in positions ofpower have to realize is
that people my age have a completely different attitude about what is fair
game. '
I. INTRODUCTION
In October of 2005, the Penn State University football team won a game
against one of its rivals, Ohio State University.2 This dramatic win caused
chaos for thousands of students and fans as they rushed onto the field of play
and started a frenzied, post-game near-riot.3 The police officers at the scene
were overwhelmed by this rush of fans and were only able to make two arrests
on the day of the game.4 However, a week later, the police received a tip that
several students had posted pictures online of themselves and their friends
celebrating on the field after the game.5 Using this information, campus police
identified and referred around fifty alleged offenders to the university's office
of judicial affairs.6 The pictures and offenders' names were found using a
social-networking Web site, facebook.com (Facebook), which, like its
counterpart MySpace.com (MySpace), is becoming an increasingly popular
and effective tool for law enforcement officers.
The police are using these Web sites to search for evidence in a variety
of offenses. Police at George Washington University, Northern Kentucky
* Mr. Hodge is a J.D. candidate, Southern Illinois University School of Law, May 2007. He wishes
to thank his family and the editorial staff of the Law Journal for their help and support. Mr. Hodge
may be reached at mjhodge@illinoisalumni.org.
I. Nancy Hass, In Your Facebook.com, N.Y. TIMES, Jan. 8, 2006, §4A, at 30.
2. Brock Read, Think Before You Share, THE CHRON. OF HIGHER EDUC., Jan. 20, 2006, at 38.
3. Id,
4. Id
5. Id.
6. Id.](ViewImageLocal?handle=hein.journals/siulj31&div=11&collection=&method=preview&ext=.png&size=3)
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The Fourth Amendment and Privacy Issues on the New Internet: Facebook.com and Myspace.com
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