If you’re not exactly sure what e-discovery is, simply tune in to one of the many CSI shows currently airing; they’re bound to feature the latest form of forensic science, which uses electronic data gathered from computers, cell phones, and other devices as evidence for courtroom trials. In many cases, the process of electronic discovery is carried out by software that searches through the multitude of data to find keywords that could be of use during an investigation and trial. This process is both time and cost effective, which is why it has become so popular. But what is the role that social networking plays in the process of e-discovery? Can it help during a trial, or will it only hinder forward progress? Here’s the 411 on how social networking coincides with e-discovery.
In most cases, social networking provides a gold mine for any lawyer wishing to dig up dirt, so to speak. Nearly everyone seems to be involved in some type of social networking these days, whether they have a page on MySpace or Facebook or a Twitter feed that they post to daily. In addition to offering a public forum for discussions on issues personal, political, and other, social networking sites also tend to foster an atmosphere that is uninhibited. Surprisingly, people will post all kinds of information that can be used in a trial setting as evidence. So in this way, social networking can be a major boon in the e-discovery arena.
Of course, not every instance of e-discovery is linked to litigation. In fact, many corporations are beginning to utilize e-discovery tactics to keep tabs on what their employees are doing online. For example, businesses may use software that monitors the Facebook pages and Twitter feeds of employees in order to catch them making derogatory statements about the company they work for, or even disseminating information that is considered to be company property (in other words, leaking corporate secrets). Because people often feel the no one is looking, they may say things that the company would rather they didn’t. But someone is always watching.
Companies can also use this software to scour the computers and smart phones that their employees use, particularly those devices provided by the company (and thereby company property). They can search files, emails, search histories, and web logs on computers to find out what employees do during their work hours and they can also read data from phones to determine who employees are calling and texting. Even employees who are cautious, scrubbing histories and clearing out old emails, may find that this data can be recovered, landing them in hot water. It might smack of Big Brother, but a corporation has every right to keep tabs on what their employees do on the company dime.
On the whole, though e-discovery for litigation seems to be more prominent than corporate usage. This field of forensic study has provided an avenue of evidence gathering that shows great potential for cutting a significant amount of time and money out of the discovery process, making for speedy trials and less waste of taxpayer dollars. It sounds pretty good – until you’re the one facing prosecution.
