Web 2.0 Crashes Through the Courthouse Door: Legal and Ethical Issues Related to the Discoverability and Admissibility of Social Networking Evidence

Abstract

Social networking usage has skyrocketed in recent years, and its exponential growth has already started to impact a number of both civil and criminal cases. Courts are struggling to address issues raised by social networking evidence and the unique ethical and legal challenges that it presents. This article offers a thorough discussion of the issues facing attorneys dealing with social networking evidence in both the pre-trial discovery phase and at trial, and offers a number of useful suggestions to attorneys seeking to use social networking evidence to effectively advance their clients' interests.

Keywords: facebook, myspace, twitter, social network, social networking, networking, evidence, criminal, civil, discovery, computer, technology