You've got the wrong guilty party
Reader comment on item: Comment: How the US first agreed and then refused to help locate a missing IDF soldier

Submitted by In the Room, Oct 18, 2014 19:59

The real culprit here is Facebook, whose attorneys obviously told them to deny the request.

The MLAT that currently exists between Israel and the US for criminal matters did not apply to this matter. Even though the Second Circuit in 2013 rejected a defendant's Fourth Amendment challenge to evidence obtained from foreign authorities pursuant to an MLAT request, holding that the exclusionary rule only applies to foreign evidence where there is U.S. control or direction of the foreign investigation, an intent to evade the Constitution, or where the foreign agency's actions shock the judicial conscience Hamas is not a government and Facebook is a private corporation.

While it may be that public pressure should have been brought against Facebook, unfortunately it is unlikely that this would have saved Sgt. Oron.

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