Ediscovery
Dec. 1, 2022
Subpoenas: uncovering evidence from third parties in the digital age
Where a user configures their social media posts to be inaccessible to the general public and accessible only to their “friends” or particular groups, at least one court has determined that these posts were “configured to be private” for purposes of the Stored Communications Act.
As lawyers, we have an ethical duty that requires a basic understanding of issues related to the discovery of electronically stored information. This duty evolves as new technologies develop and become integrated with the practice of law. (California State Bar Formal Opinion No. 2015-193.) This applies when handling subpoenas seeking consumer or employment-related records as well as third-party business records subpoenas relating to electronic data.
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