If the case turns on this evidence there is no way it doesn’t get appealed; the judge’s reasoning seems questionable at best.
“Facebook profiles are not designed to function as diaries; they enable users to construct personal networks or communities of `friends’ with whom they can share information about themselves, and on which `friends’ can post information about the user,” he said.
But simultaneously, that information is not intended to be disclosed to the general public, but only to trusted confidantes (to put it in terms more friendly to the individual in question). That should potentially raise a privacy issue. I’m going to keep tabs on this one.