Wednesday, September 21, 2011

How Social Media Affects E-Discovery




 http://ow.ly/6Ara3

Article by Sarah Harris posted on the Business2Community website.

This article discusses the role eDiscovery plays in regard to social media networks.  As the article states, "In most cases, social networking provides a gold mine for any lawyer wishing to dig up dirt, so to speak. Nearly everyone seems to be involved in some type of social networking these days, whether they have a page on MySpace or Facebook or a Twitter feed that they post to daily. In addition to offering a public forum for discussions on issues personal, political, and other, social networking sites also tend to foster an atmosphere that is uninhibited. Surprisingly, people will post all kinds of information that can be used in a trial setting as evidence. So in this way, social networking can be a major boon in the e-discovery arena."

In addition, the article goes on to say, "Of course, not every instance of e-discovery is linked to litigation. In fact, many corporations are beginning to utilize e-discovery tactics to keep tabs on what their employees are doing online. For example, businesses may use software that monitors the Facebook pages and Twitter feeds of employees in order to catch them making derogatory statements about the company they work for, or even disseminating information that is considered to be company property (in other words, leaking corporate secrets). Because people often feel the no one is looking, they may say things that the company would rather they didn’t. But someone is always watching."

The article mentions that eDiscovery processing software will need to be used to sort through social media evidence on a frequent basis.

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