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Record W3205918618 · doi:10.29173/mlj761

When Friends Become Adversaries: Litigation in the Age of Facebook

2009· article· en· W3205918618 on OpenAlexaboutno aff
Ronald Podolny

Bibliographic record

VenueManitoba Law Journal · 2009
Typearticle
Languageen
FieldComputer Science
TopicHate Speech and Cyberbullying Detection
Canadian institutionsnot available
Fundersnot available
KeywordsInternet privacyPolitical sciencePsychologyComputer securityAdvertisingLaw and economicsBusinessSociologyComputer science

Abstract

fetched live from OpenAlex

he defining feature of technological development in the first decade of the twenty first century has been the proliferation of social-networking sites.These sites allow users to connect to their online "friends" and to express themselves through pictures, videos, and verbal notes or comments.Social networking sites have reached unprecedented popularity.At the end of 2009, there were 350 million active users registered on Facebook alone. 1 The widespread popularity of social networking websites has led to a body of law 2 that remains relatively unexamined.What is the admissibility of photographs or comments found on Facebook or other social networking sites?What weight should such "Facebook evidence" 3This paper surveys case law in this area to provide guidance to litigators who wish to utilize social networking technology in their work.It proceeds in three parts.The first part addresses the admissibility of Facebook evidence, discussing the distinction between evidence found on the "public" and "private" elements of the user profile in question, as well as the approach to Facebook postings in the discovery process.The second part surveys Canadian jurisprudence in which Facebook evidence has been prominently featured.It discusses cases in various areas of law, including: torts, family, criminal, and other contexts for trends in courts' approach to Facebook evidence.It also addresses the emerging body of law dealing with service on social networking websites and contains a proposal for the adoption of service on Facebook as a mainstream alternative to personal service.Finally, the third part of the paper contains practical suggestions for counsel dealing with Facebook evidence.be given in family law, cases of personal injury, or criminal proceedings?Can the service of legal documents be effected via Facebook? I. WHAT IS ADMISSIBLE?Numerous cases in torts, family, criminal, and other areas of law have established beyond dispute that Facebook evidence is admissible in Canadian courts.Several outstanding issues remain, however.Disagreement persists among courts with regards to admissibility of postings found in the "private" 4 portion of a user's profile.While some courts have held such evidence admissible, others have refused to order production of such documents.Arguably, the better view is the one which accords with the decision of the Ontario Superior Court of Justice in Schuster v. Royal & Sun Alliance Insurance Co. of Canada, 5 * Ronald Podolny, J. D. (Bronze Medal) (Osgoode Hall,

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.010
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.560
Threshold uncertainty score0.884

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.010
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0390.006
Scholarly communication0.0110.004
Open science0.0010.004
Research integrity0.0170.009
Insufficient payload (model declined to judge)0.0120.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.015
GPT teacher head0.226
Teacher spread0.211 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2009
Admission routes1
Has abstractyes

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