Social Media Investigation – The Checks and Balances!

One of the things I’ve talked about frequently is that the social media landscape is a minefield, which is uncertain, unstable and rapidly changing as the courts continue evaluating this new technology and evidence for admissibility for use in criminal and civil matters.

While legislation rarely keeps pace with technology, legislators are now evaluating proposed updates to the 1986 Electronic Communications Privacy Act (ECPA).

Given that the Act is now 25 years old… an overhaul of some size and shape is probably in order. It seems to be a privacy vs. probable cause issue…what side of the fence do you fall on?