A DEA agent commandeered a woman’s identity, created a phony Facebook account in her name, and posted racy photos he found on her seized cell phone. The government said he had the right to do that. Update: Facebook has removed the page and the Justice Department says it is reviewing the incident.

The Justice Department is claiming, in a little-noticed court filing, that a federal agent had the right to impersonate a young woman online by creating a Facebook page in her name without her knowledge. Government lawyers also are defending the agent’s right to scour the woman's seized cell phone and to post photographs — including racy pictures of her and even one of her young son and niece — to the phony social media account, which the agent was using to communicate with suspected criminals. The woman, Sondra Arquiett, who then went by the name Sondra Prince, first learned her identity had been commandeered in 2010 when a friend asked about the pictures she was posting on her Facebook page. There she was, for anyone with an account to see — posing on the hood of a BMW, legs spread, or, in another, wearing only skimpy attire. She was surprised; she hadn’t even set up a Facebook page.

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The account was actually set up by U.S. Drug Enforcement Administration Special Agent Timothy Sinnigen. Not long before, law enforcement officers had arrested Arquiett, alleging she was part of a drug ring. A judge, weighing evidence that the single mom was a bit player who accepted responsibility, ultimately sentenced Arquiett to probation. But while she was awaiting trial, Sinnigen created the fake Facebook page using Arquiett’s real name, posted photos from her seized cell phone, and communicated with at least one wanted fugitive — all without her knowledge. On Monday, the Justice Department’s headquarters in Washington, D.C., referred all questions to the DEA, which then declined to answer questions and, in turn, referred inquiries to the local U.S. attorney’s office in Albany, New York. That office did not respond to multiple requests for an interview. On Monday, the Justice Department’s headquarters in Washington, D.C., referred all questions to the DEA, which then declined to answer questions and, in turn, referred inquiries to the local U.S. attorney’s office in Albany, New York. That office did not respond to multiple requests for an interview. But on Tuesday, less than 24 hours after BuzzFeed News published the story, the Justice Department's top spokesperson, Brian Fallon said, "The incident at issue in this case is under review by Justice Department officials." A Facebook spokesman declined to comment on the case. The site’s “Community Standards” say, “Claiming to be another person, creating a false presence for an organization, or creating multiple accounts undermines community and violates Facebook's terms.” The spokesman said there is no exception to this policy for law enforcement. On Monday, the bogus Facebook page was accessible to the public. But after this story was published, Facebook took down the page, telling BuzzFeed News, "We removed the profile because it violates our community standards." Leading privacy experts told BuzzFeed News they found the case disturbing. “It reeks of misrepresentation, fraud, and invasion of privacy,” said Anita L. Allen, a professor at University of Pennsylvania Law School. The experts also agreed that the case raises novel legal and ethical questions. There is a long tradition of deceptive practices by police that are legal, they noted. For example, officers assume a false identity to go undercover. “What’s different here,” said Ryan Calo, a professor at the University of Washington School of Law, is that the agent assumed the identity of a real person without her explicit consent. “The technologies we have now are enabling all sorts of new uses,” said Neil Richards, a professor at the Washington University School of Law. “There are a whole bunch of new things that are possible, and we don’t have rules for them yet.”

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The DEA’s actions might never have come to light if Arquiett, now 28, hadn’t sued Sinnigen, accusing him in federal district court in Syracuse, New York, of violating her privacy and placing her in danger. In a court filing, a U.S. attorney acknowledges that, unbeknownst to Arquiett, Sinnigen created the fake Facebook account, posed as her, posted photos, sent a friend request to a fugitive, accepted other friend requests, and used the account “for a legitimate law enforcement purpose.” The government’s response lays out an argument justifying Sinnigen’s actions: “Defendants admit that Plaintiff did not give express permission for the use of photographs contained on her phone on an undercover Facebook page, but state the Plaintiff implicitly consented by granting access to the information stored in her cell phone and by consenting to the use of that information to aid in an ongoing criminal investigations [sic].” That argument is problematic, according to privacy experts. “I may allow someone to come into my home and search,” said Allen, of the University of Pennsylvania, “but that doesn’t mean they can take the photos from my coffee table and post them online.” “I cannot imagine she thought that this would be a use that she consented to,” the University of Washington’s Calo said. "That's a dangerous expansion of the idea of consent, particularly given the amount of information on people's cell phones," said Elizabeth Joh, a professor at the University of California, Davis, School of Law. The government’s court filing confirms that Sinnigen posted a photo of Arquiett “wearing either a two-piece bathing suit or a bra and underwear,” but denies “the characterization of the photograph as suggestive.” This picture is no longer on the Facebook page, but others are. An album called “Sosa,” her nickname, shows her in a strapless shirt and large hoop earrings or, in another, lying face-down on the hood of the BMW, legs kicked up behind her. “At least I still have this car!” reads a comment supposedly posted by her.

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The DOJ also acknowledges that Sinnigen posted photos of Arquiett’s son and niece, who were then clearly young children.

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