DEA agent sued over Facebook decoy page

WASHINGTON - The Drug Enforcement Administration set up a fake Facebook account using photographs and other personal information it took from the cellphone of a New York woman arrested in a cocaine case, to trick her friends and associates into revealing incriminating drug secrets.

The Justice Department initially defended the practice in court filings but now says it is reviewing whether the Facebook guise went too far.

Sondra Arquiett's Facebook account looked as real as any other. It included photos of her posing on the hood of a sleek BMW and a close-up with her young son and niece. She even appeared to write that she missed her boyfriend, who was identified by his nickname.

But it wasn't her. The account was the work of DEA Agent Timothy Sinnigen, Arquiett said in a federal lawsuit. The case is scheduled for trial next week in Albany, New York.

Justice Department spokesman Brian Fallon said in a statement Tuesday that officials are reviewing both the incident and the practice, although in court papers filed earlier in the case, the federal government defended it. Fallon declined to comment further because the case is pending.

Details of the case were first reported by the online news site Buzzfeed.

Arquiett was arrested in July 2010 on charges of possession with intent to distribute cocaine. She was accused of being part of a drug distribution ring run by her boyfriend, who had been previously indicted.

In a court filing in August, the Justice Department contended that while Arquiett didn't directly authorize Sinnigen to create the fake account, she "implicitly consented by granting access to the information stored in her cellphone and by consenting to the use of that information to aid in ... ongoing criminal investigations."

The government also contended that the Facebook account was not public. A reporter was able to access it early Tuesday, though it was later disabled.

A spokesman for Facebook declined Tuesday to comment on the legal dispute. Facebook's own policies appear to prohibit the practice, telling users that "You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission."

Lawyers for Arquiett did not immediately respond to email and telephone messages from The Associated Press. Arquiett did not immediately respond to an email asking to discuss the case.

Arquiett said in her filing that she suffered "fear and great emotional distress" and was endangered because the fake page gave the impression that she was cooperating with Sinnigen's investigation as he interacted online with "dangerous individuals he was investigating."

The fate of Arquiett's fight against the government's use of her identity online is unclear.

A staff attorney at the Electronic Frontier Foundation - a civil liberties organization - Nate Cardozo, said the government's rationale was "laughable."

"If I'm cooperating with law enforcement, and law enforcement says, 'Can I search your phone?' and I hand it over to them, my expectation is that they will search the phone for evidence of a crime - not that they will take things that are not evidence off my phone and use it in another context," Cardozo said,

Lawrence Friedman, a privacy and constitutional law professor at New England Law-Boston, a law school, said the Arquiett's "privacy claim rises and falls on the extent to which she consented to what it is the government says she consented to."

If Arquiett agreed to cooperate with an ongoing investigation and allow her phone to be used as part of that probe - as the government alleged in its court filing - then it would be harder for her to prove that her privacy rights were violated, Friedman said. If her phone were seized without consent, then she would have an easier claim.

"Basically, when you strike that kind of deal, you kind of have to play by the government's rules," Friedman said. "This is not the ordinary situation in which the person walking down the street can have their identity stolen by the government," he said. "She was involved in a criminal investigation."