Defending against social media: structural disadvantages of social media in criminal court for public defenders and defendants of low socioeconomic status

Secondary data collection practices are often opaque to platform users and researchers but known to shape individuals’ life chances in significant and unequal ways. In this paper, we articulate a clear relationship between invisible, unwanted data collection and its adverse, downstream consequences for marginalized groups by examining instances in the criminal justice field where social media data function as criminal evidence. We show how social media, as a now common form of courtroom evidence, may structurally work against public defense attorneys and defendants with low socioeconomic status (SES). Drawing on casework interviews with public defenders in New York City, we illustrate the mechanisms by which low-SES criminal defendants are at a disadvantage through overbroad search warrants, asymmetrical cooperation, and prejudicial evidence. We discuss the lessons and implications of our case study for platform privacy and governance research and for the courts.