The “I was on MySpace” Alibi

In the age of social media, it is not surprising to see its increased presence in court.  Bow Tie Law's Blog has an article highlighting one such case, People v. Calderon, 2010, in which the Defendant claimed to be playing poker on MySpace during the time a crime was committed.  As I was reading, it was if Mr. Gilliland read my mind with this comment:

There is a courtroom drama waiting to erupt in a brutal cross-examination over whether someone was on Facebook on their iPhone or at home when the “Social Media” alibi is next offered. 

He continues accurately to suggest forensics would need to be done on both the home PC and the mobile device in order to find the truth.

Facebook can make or break your case

Facebook and other social networking sites are continuing to produce evidence, so it would be wise to be ahead of the curve on this front, as an attorney or business leader. Eric B. Meyer at The Legal Intelligencer Blog put together one of the most informative articles I've seen on this topic.  You'll find several links worth bookmarking, including a list of internet service provider mailing addresses for service of subpoenas and a link to a recent case in which a federal court permitted an employer to obtain discovery of an employee's social networking activity that, through privacy settings, the employee had made "private" and not available to the general public.
Article Link: How Facebook Can Make or Break Your Case

Ethics Regarding Lawyers Gathering Evidence From Social Networking Sites

This article at the Ride The Lightning blog presents some considerations regarding the methods and issues relating to attorneys gathering evidence from social networking sites, specifically Facebook.  Sharon comments from the Divorce/Family Law perspective about the ethical predicament lawyers could be faced with if their retrieval methods walk the line.

Article Link: No, No, You Can't Do That: Lawyers Surreptitiously Friending on Facebook

E-discovery Implications of Social Networking

Sharon D. Nelson, Esq., of the Ride The Lightning blog, discusses the risk management issues and smoking guns that can be associated with social networking sites such as Facebook, Myspace and Foursquare.  The article points out that many employees are shifting their social media interactions to personal cellphones in order to circumvent restrictions found on company-provided equipment and networks.

Article Link: Facebook More Popular Than Google: E-discovery Implications