With a smattering of luck, many of us will successfully advance through our lives without ever creating an account on a social networking site. Those of us still toiling in the Neanderthal era, where one makes a phone call rather than placing a text message, or authors a letter with pen and paper rather than typing an e-mail, might ultimately lead richer lives. We still experience the small joys of visiting the local post office, choosing stamps, checking post marks from distant places, picking up the phone without knowing who is on the line, and the spontaneity and utility of live telephone communication. We are, however, living on the brink of extinction.
The digital age is upon us, and the explosion of electronically stored information on computers, gadgets that go by all sorts of odd names (cell phones, PDAs, smartphones), and social networking sites, can often constitute a treasure trove for plaintiffs and defendants alike. This article primarily discusses several recent decisions where parties have sought information contained on social networking sites, but similar principles will likely apply in instances where the information sought is contained on an electronic device, or where the information sought pertains to the use of a particular device.
Admissible Evidence
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