Aussie court approves use of Facebook for serving lien

The Australian Capital Territory Supreme Court has approved the use of Facebook by a mortgage lender to serve legal documents to a couple who was otherwise inaccessible at their home or by e-mail. The mortgage lender had used Facebook to break the news to the couple that they have lost their home.

The Australian couple had defaulted on their home loan for AUS$100,000, spurring the bank to seek the services of Canberra-based law firm Meyer Vandenberg. Attorney Mark McCormack, who was assigned to the case, unsuccessfully tried to contact the couple many times at their home, and through e-mail. Finally, McCormack asked the Australian court to allow him to serve the papers electronically to the couple via Facebook.

The unnamed couple has since disappeared from the social networking site as well!

Some people expressed concern that such court-approved contact with their social networks - like Facebook and MySpace - could amount to a violation of privacy, resulting in the global social networking Web sites becoming more anti-social.

Voicing the concern, Colin Jacobs, vice chairman of the technology advocacy group Electronic Frontiers Australia, said: “I don’t think people sign up to Facebook thinking it’s going to be another avenue by which a government agency or indeed a debt collector can contact them.”

However, Facebook spokesman, Barry Schnitt, praised the court ruling, and said: “We’re pleased to see the Australian court validate Facebook as a reliable, secure and private medium for communication.”

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