Are Social Networking Sites Discoverable?

Because traditional tort law does not recognize invasions of privacy that occur in public, arguments that information posted on social networking sites should not be discoverable because it is “private” face an uphill battle. To determine whether a litigant has an expectation of privacy in an Internet posting, courts will generally first ask whether the person had a “subjective expectation of privacy.” In trying to prove a subjective expectation of privacy in a user’s profile, the inherent nature of the profile or its everyday use works against any notion of an expectation of privacy.

Source: Legal Technology (Law.com)

This entry was posted on Tuesday, January 13th, 2009 and is filed under Search News, Social Media, Web 2.0. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.