Excerpt: It is somewhat mind-boggling to realize that Facebook is only a decade old. Yet here we are, with more social media platforms than we can count. One sixth of the world’s population was on Facebook as of 2014. 74% of all online American adults use it. And yet, we have had very little concrete history in the courts – what opinions we have are often contradictory. Unless you’ve dealt with a particular judge, you may have no idea what kind of a ruling you are likely to get with respect to social media evidence.
For those running a business or law firm which is actively on multiple social media platforms, you may need to archive all that data for compliance reasons. And it goes without saying that your data will be subject to discovery. In real life, many companies are not archiving, regulations notwithstanding. And few firms understand that their social media postings are subject to discovery until they receive a discovery request.