Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller

Exercise 27

A Question of Ethics-Criminal Investigations. After the unauthorized release and posting of classified U.S. government documents to WikiLeaks.org, involving Bradley Manning, a U.S. Army private first class, the U.S. government began a criminal investigation. The government obtained a court order to require Twitter, Inc., to turn over subscriber information and communications to and from the e-mail addresses of Birgitta Jonsdottir and others. The court sealed the order and the other documents in the case, reasoning that "there exists no right to public notice of all the types of documents filed in a … case." Jonsdottir and the others appealed this decision. [ In re Application of the United States of America for an Order Pursuant to 18 U.S.C. Section 2703(d) , 707 F.3d 283 (4th Cir. 2013)] (See Social Media.)
1. Why would the government want to "seal" the documents of an investigation? Why would the individuals under investigation want those documents to be "unsealed"? What factors should be considered in striking a balance between these competing interests?
2. How does law enforcement use social media to detect and prosecute criminals? Is this use of social media an unethical invasion of individuals' privacy? Discuss.