Normally, having a Facebook or MySpace page is a great social networking tool for keeping in touch with friends and acquaintances. However, sometimes it can contain damaging evidence against your client. (Here are some examples of how the police have used MySpace to detect or prosecute crimes: MySpace crime examples).
Anyway, I just wanted to point out a great article written by Mark Hermann (author of The Curmudgeon’s Guide to Practicing Law) entitled “E-Discovery for Defendants.” In the article, he discusses:
- The easiest way to discover the social networking evidence;
- Ethical issues of becoming a “fake friend” to peek behind someone’s private MySpace page;
- The importance of timing when subpoenaing the private information;
- Issues regarding destruction of evidence
He also provides a link to another example of using MySpace information from the Defense Research Institute.
Anyway, this post rambles a little bit (I’m sitting here in court, waiting for my case to be called up… it was supposed to be called at 9:00 AM, and it’s now 9:50 AM), but the article is worth reading: E-Discovery for MySpace and Facebook pages