If you’ve been reading the Fraud Blog, you’ve seen me writing quite a bit about the use of social media in investigations. Ultimately, the question concerns the admissibility of this new evidence in court, and while there are no hard and fast rules concerning getting the evidence in, the sheer amount of usage is forcing courts to address it’s evidenciary value and appropriateness for each case.
Additionally, parties in cases are starting to think of unique ways to use the information as is evidenced by some of the points in this article. The good news here is that as there are more and more legal rulings in cases, we are slowly starting to build the kind of case precedence which provides the industry guidance needed for us to determine how to proceed.
A word of caution here… while courts are ruling on the admissibility of evidence, there are still minefields to walk through concerning the techniques used to gather the evidence and potential liability ramifications for privacy violations. So, while we are moving forward on some fronts…. it remains “user beware!”