I have blogged about cases where issues have arisen about whether Facebook information that has been restricted to a limited number of people is discoverable but here is a discussion about another side of the issue – how do you get Facebook and other social networking information admitted as evidence?
Difference of Opinion
A judge is quoted as dubious both of the value of Facebook profile data and the likelihood of getting such information authenticated. However, several lawyers say that the evidence is typically self-authenticated by the Facebook profile owner and that it is often quite useful, better than second hand conversations.
What Does This Mean?
That we are in a transitional period as far as social networking and litigation. Jurisdictions, judges, lawyers and the like are still sorting through how social networking will be treated by the legal system. Understanding all the arguments, pro and con, is probably the most important thing at this point rather than asserting certainties that don’t exist.