Non-profit St. Francis of Assisi has been prosecuting a lawsuit on behalf of the estates and families of Assyrian Christians were murdered and had their property destroyed as a result of ISIS/ISIL/Islamic State activities in the middle east. The group is suing Kuwait Finance House, Kuveyt-Turk Participation Bank Inc., and a man named Hajjaj al-Ajmi for having financed the terrorist groups, but has had trouble serving papers on al-Ajmi.
The plaintiffs noticed that al-Ajmi has an active Twitter account and asked a federal court to allow them to serve the papers that way. US Magistrate Judge Laurel Beeler assented to this request, saying in a ruling:
The court grants St. Francis’s request because service via Twitter is reasonably calculated to give notice and is not prohibited by international agreement.
Also a Twitter Rebel
Hajjaj al-Ajmi was kicked off Twitter in 2014 following a Treasury Department sanction. However, in May of this year he created at least one new account, and currently has over 100,000 followers. At the time, al-Ajmi was actively raising funds for Islamic State efforts, even posting phone numbers for people to call and make donations through. Archived tweets and news coverage would provide ample evidence in a case against him.
The St. Francis of Assisi is acting specifically on behalf of Christian victims of the Islamic State. Al-Ajmi’s status as a banned transactor by the Treasury Department, his history of being kicked off social media platforms for terrorist activities, and his general repertoire of anti-Christian, extremist Islam make him a ripe target for the proceedings. The other parties named in the suit have already been served by traditional means.
Not a First
The ruling notes that other cases in the past have allowed for the use of social media as an alternative means of serving papers. It noted the case of a trademark infringement suit against a Turkish citizen who could not be located. In that case, the court authorized e-mail, Facebook, and LinkedIn to be used. In a scam artistry case in which the Federal Trade Commission could not reach the alleged scam artists and could not get help from the Indian government, a federal court gave them permission to use the Facebook accounts of the parties named.
Probably Not a Normal Thing
Don’t worry, though. If you’re named in a lawsuit and you’re reachable by traditional methods, most likely you’re still going to be served in the traditional ways. One can imagine a future where frustrated process servers push for legislation to allow for the regular serving of papers via social media, and such an explicit law could conceivably make this ordeal the norm, but in all three of the largely known cases where this has happened, the plaintiffs had to get special permission from the court before considering social media serving to be in line with due process.