Social networking sites such as Facebook, Twitter, MySpace and YouTube often are sources of information that can impact a lawsuit in a variety of ways. With the click of a button, a personal-injury plaintiff can diminish the value of his case by uploading pictures that show him engaged in physical activities inconsistent with the injuries claimed. A party or witness can use a party’s status updates and geolocation “check-ins” to establish timelines, and can use a party’s social network of “friends” and “followers” to identify potential witnesses.
There are tactical advantages to uncovering this information outside of the formal discovery process, but user privacy settings limit how much information the general public can access without seeking the user’s permission. Although privacy settings can be highly customized, they also can be confusing to the average user and may not comport with the user’s expectation of privacy.
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