A woman is suing the US government after it created a fake Facebook page containing photos of her, including one that showed her half-clothed.
The Department of Justice acknowledged that one of its agents had created the page without telling Sondra Arquiett.
But it initially suggested that Ms Arquiett had "implicitly consented" to the action because she had granted officers access to her mobile phone.
The DoJ said it was now reviewing if the bogus page had been a step too far.
A trial is scheduled for next week in New York, with the US government and the Drugs Enforcement Administration (DEA) agent, Timothy Sinnigen, both named as defendants.
The case dates back four years, but was first reported by the news site Buzzfeed.