A Framework for the E-Discovery of Social Media Content in the United States

Abstract

People are using social networking sites (SNS) for day-to-day communications, outpacing email and texts. SNS are evidence gold mines subject to discovery in investigations, audits, and litigation. This paper examines the Federal Rules of Civil Procedure (FRCP), which specifically address electronically stored information (ESI), but not social content, as a unique form of evidence. A framework is presented to categorize legal cases according to the degree of e-discovery access granted. One conclusion is caveat usor.

Keywords:

• e-discovery
• ESI
• social networking sites
• social media content
• privacy
• legal issues
• Caveat Usor