Facebook Ordered to Pause App That Deletes Browsing History Over Evidence Risks
A Texas court ruled that the app would destroy evidence in a lawsuit by a young woman who claims a sex trafficker targeted her on the social media platform.
August 23, 2019 at 12:12 PM
4 minute read
The original version of this story was published on Texas Lawyer
A Houston judge barred Facebook from implementing a new feature for users to clear their web-browsing histories from the site's data troves, finding it would destroy evidence in a lawsuit by a young woman who claims a sex trafficker targeted her on the social media platform.
The jurist, 334th District Judge Tanya Garrison, late Thursday granted the Jane Doe plaintiff a temporary restraining order that restrains and enjoins Facebook from deleting website and application tracking data and implementing the new "Off-Facebook Activity" application in the United States. The app enables users to delete their own tracking data from Facebook.
The social media giant announced in an Aug. 20 news release that the Off-Facebook Activity app is now available in Ireland, South Korea and Spain, and the company plans to activate it elsewhere in the coming months.
The judge's order will delay the rollout of the Off-Facebook Activity application only in the United States, not other countries.
"Off-Facebook Activity is an industry-leading tool that we designed to provide people with more control over their data. Although we have not yet launched it in the United States, we believe this order—which purports to temporarily prohibit us from launching the tool in the United States—undermines user privacy and is entirely without basis," said an email by Facebook spokesperson Rochelle Nadhiri.
The email added that the company works with child protection experts, law enforcement and other tech companies to "block and remove exploitative photos and videos, as well as to prevent grooming online." Facebook asks users to report potential human-trafficking content.
Yet in her lawsuit, Doe v. Facebook, the Doe plaintiff alleged that when she was 16, someone sex trafficked her through the Facebook platform. The perpetrator "groomed" her to gain her trust, picked her up from her home, and two hours later, seven men raped her, said her attorney, Annie McAdams, a partner in Annie McAdams in Houston, who has filed similar lawsuits previously. Houston Police rescued the girl two days later, McAdams added. The lawsuit alleged that Facebook knows it has a sex trafficking problem but has done nothing to protect children on the platform.
Facebook denies the allegations.
Doe's application for a temporary restraining order claimed that Facebook tracks and utilizes user web-browsing and application data, including visits to more than 22,000 pornography and sex sites. In discovery, Doe asked Facebook for information that she said was critical to her case, and the company has produced nothing. She argued the site's new "off-Facebook activity" application threatens to allow users to delete the very data Doe needs for her lawsuit.
"Allowing Facebook to delete and alter critical information already subject to discovery contained on users' itemized browsing history before allowing Jane Doe to fully investigate her claim will certainly harm Jane Doe and critically impair her ability to prosecute this case, leaving her without any legal remedy—as Facebook itself has made clear its goal," the application said.
To prepare for a temporary injunction hearing on Aug. 30, McAdams said she's seeking depositions early next week against Facebook Chairman and CEO Mark Zuckerberg, the company's chief privacy officer and the developer of the off-Facebook activity app.
"We have already defeated the first motion to dismiss against Facebook here in Harris County," McAdams said. "That was a pretty big decision, because it's the first time anyone has survived a Communications Decency Act challenge from Facebook."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Decision of the Day: Administrative Court Finds Prevailing Wage Law Applies to Workers Who Cleaned NYC Subways During Pandemic
- 2Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 3Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 4'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 5Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250