It’s Not Just for “Friends” Anymore- Texas Bill Proposes Subpoena Service Through Social Media
Proposed Bill Would Have Subpoenas Served Via Social Media
While you may use your Facebook.com page to keep tabs on people you have not seen or heard from in twenty years, the world of Facebook has traditionally allowed you to control the people that you are “friends” with and the pages and organizations with which you are associated. If one Texas lawmaker has his way, however, the scope of that Facebook page may soon be much enhanced. Representative Jeff Leach of Plano has proposed HB 1989, which would allow substitute service of subpoenas through social media. The new bill would require that the defendant meet several criteria, which include: (1) that the Defendant or person maintains a social media page; (2) that they regularly access that page; and (3) that the person can reasonably be expected to receive the communication if the notice is sent via their social media account.
Current rules allow for a judge to authorize service through any “other manner that the . . . evidence . . . shows will be reasonably effective to give the defendant notice of the suit” if the Defendant appears to be avoiding service through traditional means.
While using social media for everything from advertising to, well, service of process, appears to be the wave of the future, there are some concerns about authentication of accounts, especially given the varying degrees of privacy settings allowed by different social media.
http://www.shearsocialmedia.com/2013/03/texas-bill-to-allow-service-of-process.html
For more information, please visit our social media law service page.
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