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Discoverability of Social Network Information
Facebook reportedly has more than 845 million monthly active users who upload around six billion photos per month; Twitter has over 100 million active accounts posting one billion tweets per week. In total, over 80% of Americans use at least one social network. It did not take attorneys long to realize that social network sites were an untapped repository of potentially discoverable information that could be used for impeachment purposes against parties and witnesses. However, users routinely employ privacy settings that only permit network “friends” to view posted material, keeping most information beyond the view of the general public. Despite liberal rules of discovery in civil litigation, parties are generally not entitled to complete access to an adversary's social network accounts without a prima facie showing of relevance. The emerging question is what constitutes a sufficient showing. In recent years, courts have come to varying conclusions as to the discovery of information posted on social networking sites.
Social Networks
Broadly speaking, a social network is a structure that allows its members to share information and enables interpersonal contacts through a website or other Internet portal. Member pages of “core” social networking sites usually contain textual, audio and visual content of a personal nature, though the extent of disclosure varies widely among individual users. A user's profile page might include various content, including pedigree information, pictures, videos, blogs, messages, and lists of “friends,” political causes and leisure pursuits. On social network sites, such as Facebook or MySpace, users exchange information about their personal lives, post commentary about what they are doing or thinking and offer a “wall” on their profile page where friends and others can post open messages. Such sites also provide private messaging services to allow users to communicate with other users within the site's architecture.
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