http://ow.ly/7QKbY
An article by Charles Holloway posted on the millnet.co.uk Smart e-Discovery blog.
This article discusses the preservation of evidence from social media networks.
The article states, "I want to draw your attention to more decisions of the US courts on the issue of social media and spoliation, as they call it, or as we would more readily understand it, the deliberate withholding of material evidence."
The article discusses real cases in which attorneys and parties were sanctioned for attempting to hide social media evidence, rather than produce the materials.
Among the referenced cases, the article states, "Moving on to Pennsylvania’s Common Pleas Court and the judgment of Judge Richard J Walsh on the discoverability of information on Facebook in the case of Largent v Reed (as reported in Law Technology News on 23rd November, No Reasonable Expectation of Privacy on Facebook, Pa. Judge Says):
“Only the uninitiated or foolish could believe that Facebook is an online lockbox of secrets.”
This case is only the latest in a long line of cases which I have mentioned before (such as McMillen v Hummingbird Speedway Inc) which make it clear that use of social media is increasingly becoming a potential minefield for litigants who think it is safe to post all kinds of personal information apparently believing that it is safe from view except to those to whom they choose to permit access." Links to the case opinions are provided in the article.
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