Complaint Review: Houston Attorney Cynthia Tracy

WOW you are pathetic Darren, move on. Its really sad that you can not, money was never an issue we could care less about your dirty money and how you get it, all we wanted was for her to be safe from you and we got that in the judgement last April. So I will say it again MOVE ON you little sorry excuse for a man!!!

What has YOUR lawyer said in all of this?

Do they think it is a good idea to post this "RipOff" on what sounds like an open case?

If they have no problem with it perhaps you should think about getting a new lawyer, if they do have a problem perhaps you should listen to them.

If this is something she wants your permission on chances are she will not get a subpoena approved anyway.

Since you won't provide details over and above this is a family court issue. If you are making threats against your ex or something on Facebook that is another matter. She doesn't need your permission she can just get a subpoena from a judge for Facebook and MySpace to grant access to your account for any and all emails or postings directed at your wife and/or children.

The caption of the case was removed. The document was produced to force the other party to consent to the release of every kind of writing MySpace and Facebook have. If 'consent' was not provided, Tracy threatened to go to court for an order, and demand her attorney fees.

Even under that theory, Cynthia Tracy still made unethical remarks by alleging she will go to court to get an order. As seen below, federal law prohibits release of protected content. Although the below relates to email, the bottom line is it all relates to protected 'content'. With this in mind the Law Office of Cynthia Tracy in Houston simply extorts people with the threat of paying her legal fees under the pretense she can get an order which she can't.

http://legal.web.aol.com/aol/aolpol/civilsubpoena.html

A subpoena or court order issued to AOL will not suffice to release e-mail content. See, In re Subpoena Duces Tecum to AOL ,LLC , 550 F. Supp. 2d 606 (E.D.Va. 2008) (A  civil discovery subpoena is not an exception to the provisions of the Privacy Act that would allow an internet service provider to disclose an account holder's e-mail. The exception for production pursuant to court order does not apply to civil discovery matters.); Flagg v. City of Detroit , 2008 WL  3895470 (E.D. Mich. 2008) ([The Stored Communications Act] lacks any language  that explicitly authorizes a service provider to divulge the contents of a communication pursuant to subpoena or court order.); Barnes v. CUS Nashville, LLC , 2010 U.S. Dist. Lexis 52263 (M.D. Tenn. 2010).

You quote Federal Law that says that access to private communications is not allowed unless it is in conjunction with a criminal investigation.   That may be correct, but that is exactly why this person is requesting your PERMISSION to access the information.  There are laws make it illegal for people to break into your house, but that doesn't mean you can't give them permission to enter your house.  This is no different.

Nothing on what you posted even gives a hint that it is a court issued subpoena.  I would bet there is more than you are saying to this story.   Since you mention family law my guess is that this is in regards to infidelity, visitation, child support, spousal support, or distributing property.  So I would highly suggest that if you have not already done so that you contact an attorney before you decide to sign or not sign that request.

Don't you think you should tell the rest of the story. If this was a subpoena they wouldn't need your password info.
This just looks to me like someone wants to access to log onto your account and check your emails (maybe for grounds of infidelity)?