Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

New Federal Jury Instructions on Social Media Include a "Rat Out" Command

September 10, 2012

In a new set of proposed federal jury instructions issued by a Federal Judicial Conference committee, the screws are tightened on social media use. They say, in part, "I know that many of you use cell phones, BlackBerrys, the Internet and other tools of technology. You also must not talk to anyone at any time about this case or use these tools to communicate electronically with anyone about the case. This includes your family and friends. You may not communicate with anyone about the case on your cell phone, through e-mail, BlackBerry, iPhone, text messaging, or on Twitter, through any blog or website, including Facebook, Google+, My Space, LinkedIn, or YouTube. You may not use any similar technology of social media, even if I have not specifically mentioned it here."

The judge will add: "I expect you will inform me as soon as you become aware of another juror’s violation of these instructions."

This, of course, is how the judge usually finds out, but the clear mandate will no doubt increase the number of jurors ratting out fellow jurors. These instructions are a few years late, but better late than never.

You will find a link to the proposed instructions in this NBC news blog post.

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