Facebook has become one of the most popular social media platforms, with over 2.9 billion monthly active users as of the fourth quarter of 2021. With so many people using Facebook to connect and share information, a common question that arises is – can police track Facebook activity?
The short answer is yes, law enforcement can request data from Facebook as part of an investigation. However, there are limitations on what information Facebook will provide without a court order or search warrant.
What information can police obtain from Facebook without a warrant?
There are three main categories of information that law enforcement can obtain from Facebook without a search warrant or court order:
- Basic subscriber information – When served with a subpoena, Facebook will provide basic subscriber details such as name, length of service, credit card information, email address(es), and recent login/logout IP address(es).
- User contact information – Phone numbers, email addresses, and other contact info users provide on their profiles can be obtained by police with a subpoena.
- IP logs – The IP addresses associated with a particular account and the date and time someone logged in can be released via subpoena.
In general, any non-content information listed on a user’s profile can be obtained through subpoena power alone. However, a search warrant or court order is required for private communications content.
What kind of information requires a search warrant?
For private communications content such as messages, posts, photos or other media uploads, friend lists and log records of access to the account, law enforcement must obtain a search warrant, court order or the consent of the account holder. This higher legal standard is in place to protect privacy rights.
Examples of content that requires a warrant include:
- Private messages and chat conversations
- User photos, videos and other media uploads not set to public
- The text of user posts and status updates limited to certain audiences
- Lists of friends, followers, groups and pages the user follows
- Location check-ins not visible to the general public
- Full account access logs and login records
In summary, any content the user could reasonably expect to be private is shielded behind the search warrant standard.
How can police obtain a Facebook search warrant?
To get a search warrant for Facebook account information, law enforcement must demonstrate probable cause of criminal activity to a judge. This involves presenting evidence that shows the account in question contains evidence of a crime.
The process may include these steps:
- Police gather evidence to build a case linking the account to a criminal investigation.
- An officer completes an affidavit detailing the probable cause for the search warrant request.
- The affidavit is presented to a judge, who reviews it to determine if there is sufficient probable cause.
- If approved, the judge signs a search warrant authorizing police to obtain the account information.
- The warrant is served on Facebook, either directly or through a law enforcement liaison.
- Facebook produces the requested account content to police within the parameters of the search warrant.
This process ensures there is independent oversight before police can access private user data.
What account information is available with a warrant?
A search warrant permits law enforcement access to all account content, including:
- Private messages, chats, posts, media
- Contact lists, friends/followers, page follows
- Location history from check-ins and geo-tags
- Full account access logs and activity records
- Associated emailed received from Facebook
- IP addresses and logs of account access
- Deleted or archived content
The scope will depend on the specifics of each warrant. Police must avoid broad overreach and only request data relevant to the investigation. But in general, the warrant can authorize access to all account activity.
Can police track Facebook location history?
Yes, if law enforcement obtains a search warrant, they can access location data from check-ins and geo-tagged posts. Facebook stores location history associated with posts, uploads and check-ins as part of its data collection on users.
This location data can provide a detailed view of the user’s movements and whereabouts over time. However, police have to demonstrate probable cause that this location history contains evidence of a crime in order to gain access via search warrant.
Location data available to law enforcement
- Check-in locations at businesses, events, travel destinations
- Location tagging in posts, uploads and profile updates
- Locations shared in private messages or chat conversations
- Metadata with precise GPS coordinates of uploads and posts
- Locations of logins, access and account activity
This information can reconstruct a person’s movements and provide evidence placing them at key locations related to a crime. But again, a warrant is required due to the private nature of the data.
How long does Facebook store data that can be accessed?
Facebook stores user account information, posts, messages and other activity data for extended periods. According to its data policy:
- Deleted Facebook posts and messages may be recoverable for up to 90 days
- Location check-ins and geo-tags are stored indefinitely
- IP logs of account access cover at least the past year
- Basic account subscriber info is stored as long as the account exists
So even some content the user deletes can still be obtained by police for months using a warrant. And location history and IP logs cover long enough periods to be useful in investigations.
Can police secretly monitor Facebook accounts?
Law enforcement agencies cannot directly access someone’s Facebook account and covertly monitor activity in real-time. However, some methods may enable secret monitoring:
- Installing spyware on the user’s device to capture activity before it is encrypted and sent to Facebook
- Accessing the account by obtaining user credentials through hacking or phishing
- Requesting the user log into their account and enable monitoring during interrogation
- Placing cameras over the user’s shoulder to record them accessing the account
These methods raise significant civil liberties concerns and would require escalated legal justifications. But in extreme cases, police have some technical options for covertly monitoring Facebook usage in active investigations.
What legal rights exist to protect Facebook users?
There are certain legal rights and protections that aim to keep law enforcement access to Facebook account data in check:
- Fourth Amendment protections against unreasonable search and seizure
- Requirements for warrants to access private communications content
- Facebook publishes transparency reports on government requests
- Users must consent for police to directly access their account
- Reasonable scope required for any requested information
- Oversight by judges in approving or denying warrant requests
However, these rights have limitations. Users ultimately have minimal control over what data Facebook stores and shares with police when compelled by legal process. But the higher warrant standard does provide meaningful privacy protection in many cases.
Conclusion
In summary, law enforcement can obtain a good deal of information from Facebook accounts to assist investigations, but private content generally requires a search warrant based on probable cause. Location history and IP logs can be particularly useful to police in establishing movements and online activity. While legal protections exist, users have limited ability to prevent Facebook from sharing their information when it receives a valid warrant or court order. Given Facebook’s trove of user data, it can provide police a useful window into online behavior when accessed properly through the legal system.