Is 'Private' Data on Social Networks Discoverable?. Electronic discovery gets more interesting every day. As Facebook and the other social networking sites gain more members, it is clear that litigators will seek to discover information placed on them by users. Just as email has become a fertile ground for lawyers to use in litigation, so also postings at social networking sites is being sought. What is private, and what is relevant, and what is discoverable, are complex questions, and the cases are still developing. It is likely that discovery of electronic materials will become the case within a case, and that, due to the sometimes ephemeral nature of the bits and bytes that are on the Internet, these discovery cases may become more expensive than the actual litigation. In any event, the fights over what may be discovered should be a cautionary tale to anyone who uses the Internet. I am sometimes amazed at the personal details that people will reveal to the world on a Facebook Wall. This case from California seems to indicate that the more steps one takes to protect their privacy by using the site's privacy settings, the better off they will be if someone comes snooping.
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