Discovering Cellphone and Social Media Data: Three Recent Opinions
Despite the extensive use of electronic communications, there remains a dearth of developed case law addressing the discoverability of cellphone data and social media posts.
July 27, 2022 at 01:35 PM
6 minute read
Products LiabilityThe original version of this story was published on The Legal Intelligencer
In 2005, a Pew Research Center survey revealed approximately 65% of American adults used cellphones and 5% engaged with social media platforms. The following year, Federal Rule of Civil Procedure 34 was amended to address the proliferation of electronically stored information (ESI), defined to include "writings … photographs, sound recordings, images, or other data or data compilations—stored in any medium from which information can be obtained." The committee notes recognized the growth in ESI and explicitly used the example of email as a new type of discoverable communication.
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