OAKLAND — U.S. District Judge Phyllis Hamilton is not, she disclosed Wednesday, a Facebook user. But the Oakland judge, who is presiding over a privacy suit against the ubiquitous social networking site, seemed less reluctant about joining the legal debate over how modern technology intersects with decades-old federal wiretapping laws.
After more than an hour-and-a-half of arguments, Hamilton hinted that at least a portion of a lawsuit claiming that Facebook illegally scanned users’ private messages could survive a motion to dismiss. To determine whether the company’s alleged actions qualify as an “interception” under wiretapping laws, Hamilton indicated she needed more information about the way Facebook processes private messages.
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