Authenticating Facebook Pages as Evidence

Social networking websites such as Facebook, Twitter and MySpace seem to track and record an individual’s every move. As electronically stored information (ESI) they are beginning to show up as potential evidence in civil, as well as, criminal litigation matters. Here are a couple of articles to get you caught up on all the buzz around this hot e-discovery topic:

“Authenticating Web Pages as Evidence”

Plaintiff sues your client, claiming that his injuries have significantly affected his lifestyle. He is unable to work, travel or bowl. Not surprisingly, his spouse alleges loss of consortium. On the eve of trial, you discover pictures and other details on a social networking website about plaintiff’s recent trip to the International Bowling Museum & Hall of Fame, including a picture of plaintiff proudly holding a fluorescent orange bowling ball and a four-foot tall gilded trophy dated four days earlier. As you approach the witness with printouts of the web pages, you are stopped in your tracks: “Objection, lack of foundation.”

“Facebook GC Tells Lawyers He’s Looking for a Fight“

LegalTech keynote speaker Mark Howitson said Facebook is looking for clarity from a federal ruling