Federal Internet Law & Policy
An Educational Project
4th A :: Open Source & Social Media Dont be a FOOL; The Law is Not DIY

"Open source" content is content that is publicly available.  This may also be known as an "unrestricted source." This could be a newspaper, a magazine, a flier posted on a telephone pole, or a website.  There is "no expectation of privacy" in open source content. DOJ's 1999 Guidance states

Law Enforcement agents may obtain information from publicly accessible online sources and facilities under the same conditions as they may obtain information from other sources generally open to the public. This Principle applies to publicly accessible sources located in foreign jurisdictions as well as those in the Unite States. [DOJ 1999 p viii]

Congressional Hearing

Subcommittee Hearing: DHS Monitoring of Social Networking and Media: Enhancing Intelligence Gathering and Ensuring Privacy

Government Activity


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