Social networking websites and E-Discovery
Sharing social networking sites in criminal investigations
A "social networking site online is a tool of the Internet, the Internet allows people to friends and acquaintances away. These sites usually have the user create a user profile, and facilitate activities like chat rooms, instant messaging and upload digital photos for publication on the profile. Many sites allow users a "status update" provides information that people postthe net assets of a person. Social Networking Sites These are now part of many people every day, even when the assets are often used by employers as part of their daily activities. Some of the most common social networking sites are MySpace, Facebook, Twitter and LinkdIn.
As in a previous article, the contents of a user profile page is published declared as "electronically stored information" or ESI. Under the Federal PrivacyRules of Civil Procedure may, ESI will be produced during the discovery phase of a test to be used as evidence against the person. In other words, what can you send may be used against you in court. Actually found the use of information has become available on such sites in court rather than the rule than the exception. This is because people often for more details of his private life on these pages. Lawyers are now using this information in a variety of privateand to demonstrate the possibilities unimaginable guilt in a court. This article describes the most common applications of social networking sites in a court.
Criminal proceedings
ESI received from social networking sites procedures are used in a myriad of ways in criminal matters. These sites are all used for the detection of noise and alcohol abuse, possession of firearms. In particular, the profile photos of users can be booked literal treasure troves for prosecutors,there, "a picture says a thousand words."
The classic criminal case that one thinks in terms of social networking sites is the predator / stalker / rape case. This is usually two people, while others meet on a social network going. Many people often create fake profiles to create false identities and alter egos. It is often the case that a person is a minor and the other is a former criminal, or an online predator or stalker.The two eventually meet in person that can lead to sexual assault or related offenses, such as statutory rape.
For example, in 2007, a girl in Texas held a meeting with a man of 19 years. She claimed to be 18, but in reality he was only 12th after the two met and had sex in a parking lot, her parents sued MySpace for negligence. The Texas court denied the family statement indicates that $ 30,000,000 that parents, MySpace will be held, should be responsible forGirls activities'. The sentence is typical of these cases, the parents and not the corporate site are responsible for the activities of their children. With regard to parental responsibility, the courts have determined that it is the responsibility of parents to educate children is not the site.
As part of that cases, online predators, social networking sites have many features that allow parents and children to monitor the online activities of their children. For example, there are many "MySpacetrackers "online, where parents and their children access to the profiles. Many have discussed the usefulness of this followers, like many young people to create dummy accounts in the first place.
The relationship between social networking sites, and criminal activities has been so pronounced that there are several websites dedicated to posting the latest news on criminal activities, such as websites is subject. An example of a page is MyCrimeSpace.com knowledge that their contributions in an online newsFormat similar to MySpace.
Situations of occupation
Another typical application for social networks in litigation is in a working environment. Many employers now make it routine to check user profiles before hiring employees. It 'also common for employers who regularly check in the profiles of their employees to work behavior or attendance. Ask him to go to work during the week after bad "place" only fired because the boss saw the photos, yourHoliday online!
In a recent case see Spanierman Hughes, 2008 U.S. Dist. LEXIS 69569 (D. Conn. September 16, 2008), a high school teacher was his way of using MySpace dismissed. He claimed to use the site to communicate with his students. However, his profile page has included a series of inappropriate images, and complained to school, the school conducted an investigation and then fired him. As you can see, you need the online behavior is not to prove intentionalGuilt.
The most important point is that to increase the occurrence of work you get fired, or for the conduct that occurred while suing the job! This means that the boundaries between private and public, are rapidly eroding as the Internet makes it more of our personal lives are available for testing.
school policies and violations of alcohol abuse
Another favorite use of social networking sites is the implementation of school policy. Most users of social web sitesChildren and young adults, such as college and high school students. Many sites have made a requirement of 18 years of age (although this can easily be abused by a fake profile). Several schools are beginning to use Facebook to enforce the school, particularly for the execution of underage alcohol abuse.
To illustrate, in 2008, Emory University issued citations to a number of students who belonged to a Facebook group called "Alcoholics Dobbs second." The name of referred students who lived on the second floorone of the residential dorms. They were reprimanded for violation of alcohol policy lunge. In the past, this application was not possible unless the school had direct supervision of students. Now it is much easier for the Scientific Council to issue an injury.
Other ways in which schools rely hours with social networks for work on sports and academic clubs and student groups such as clubs, fraternities and sororities.
Companies that use social networks inOffice
Many companies often use social networking sites as part of their daily activities. For example, many companies take advantage of opportunities as a marketing website to gain access to other companies promote their use for communication among employees. Even government agencies are known for Facebook as a way to communicate with local citizens.
Some companies have even gone so far to replace traditional e-mail went with a site like Facebook. This may raise interestingQuestions, especially when it comes to financial matters. For example, if the Department of Human Resources Approved employer to redeem a check, but send this note in a Facebook message about how this should be reflected in the financial position of the company's records? What if the records are erased or deleted over time?
For these companies is the most important factor. all information stored electronically stored information sites on the subject as social networkingCancellation, and often not well protected against hackers. To resolve these problems, some websites are designed specifically for companies that include the use of functions of storage and transmission of news updates in an e-mail created.
Retention of electronic records of transactions is the main concern for the company, as many courts have stronger companies to eliminate or records deleted punished. This is particularly true when the records were requestedStudy.
So if your company uses a social network as the main method of communication to office, keep in mind that the biggest challenge of discovery is on-line information that encrypted data can be deleted. Such information is generally very difficult to wade through and solve for testing. This is mainly because the information on this site is in "constant motion" is, ie, contributions and updates are changing by the minute.
TheBetter that a company can do to protect themselves from civil liability has to ensure that commercial documents are stored and organized properly. There are several technical tools that the IT industry of a company can look at this.
Concluding remarks: The death of privacy?
Many authors, like the explosion of social networking websites, "The Death of Privacy." Although privacy is not completely dead (we still have a lot of constitutional rightsProtection of personal data), as mentioned blurred, since the boundary between public and private more. While the pay in private life public, and vice versa, what we say and do, start online at greater legal consequences than before. Regarding the legal system, it is probably safe to say that at a glance in private life as never before.
Growing concerns and benefits of social networking websites
Social networking sites give almost everyone an opportunity not only to keep in touch with the people who have been part of their lives, but for those who can not meet them but to have similar interests. Therefore, these sites have good procedures for all information on the economy and share medicine, among others. to resolve, in reality was used to investigate and heinous crimes. For example, Eric Manis of Kingsport police, pending the completion of the suspendedperceived threats and comments against the participants at the Fun Fest in his MySpace profile page.
But then again, there is a concern of beer on social networking sites. A new trend in business today is that managers and other companies are administrators view their attention from the information will never dared to ask you get interviewed. There are so many of them unemployed, left because of details that can not find the company that areFit into their corporate mantra.
It 's also the problem of spam in social networking that is actually addressed to its users. And 'know that social networking sites, users can send messages with links that goes out of himself, or may be inside or outside the system to other social networking sites. This is where to spammers. Using the search feature of the social network, are then their eyes are onTarget market, in particular, on the basis of demographic data. They look like real people, who will start sending messages with links to pornographic sites and products.
Naturally there are concerns of privacy, particularly parents of underage boys. There have been reports of sexual violence, pornography and pedophilia, as the information provided, these children have been raised have been used by sexual predators to entice them to become their prey.
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