Facebook discovery: Is civil litigation in
uncharted waters?

With the use of social networking sites like Facebook, MySpace, and Twitter increasing exponentially, the legal risks and rewards appear to be growing as well.

While Leduc is good law, ‘I think Schuster is going to be more persuasive,’ says Pamela Pengelley.
In the United States, evidence from Facebook has been used increasingly in areas such as criminal justice, family law, and jury selection.

As John Browning, a Dallas-based lawyer and author of the forthcoming book The Lawyer’s Guide to Social Networking, writes: “Social networking sites can provide a wealth of information for lawyers. From educational background and work history to intimate revelations and incriminating video, this digital treasure trove is yours for the taking when access is unlimited.”

In Canada, many employers routinely monitor employees’ social networking profiles for defamatory comments about their work environments, while prospective employers are known to search public information when doing background checks.