Police are seeking to use Facebook messages as evidence in the murder investigation and trial, and have filed a production order to Facebook Canada for the data. The social media giant said it doesn’t have to abide by the order because it stores its data in the U.S., and wants police to go through a mutual assistance legal treaty, which requires Canadian authorities to ask American authorities to get the FBI to obtain the data, a process typically used for physical evidence. (CBC)
Talking point: Technology companies are watching the case closely because it could settle whether U.S.-based firms need to comply with Canadian laws requiring them to hand over data when the police request it. Current case law is conflicted: The Court of Appeal of B.C. ordered Craigslist to hand over data, saying the firm’s “virtual presence” was enough for it to have to comply. A Newfoundland court decided against issuing a similar order to a California-based company over concerns its order would be unenforceable outside Canada. This case could establish a clear precedent one way or the other. Both sides are already preparing for appeals.