Pretty good article. Full disclosure: been doing a ton of research on social
media and litigation as part of the development process for the AIIM Social
Media Governance Certificate Program. But I have seen at least a couple of
decisions that I cannot immediately cite that note that posting information
to a social networking site is on its face placing that content in the
public sphere even if you have privacy settings on to limit it to just your
friends or direct connects or whatevers. 

There are some exceptions to this, and to call the case law unsettled is to
call bacon mildly tasty. But you can never really go wrong by following the
New York Times rule: don't post it online if you wouldn't want to see it on
the cover of the New York Times. 

Regards, 

Jesse Wilkins, CIP, CRM
Director, Research and Development
AIIM International
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http://www.aiim.org 
Twitter: http://www.twitter.com/jessewilkins 
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<snip>
In civil litigation, 'private' social media data isn't private -
Computerworld
From time to time, new communications technologies force courts and
legislatures to adapt existing standards and even develop entirely new
ones. The telephone raised issues related to wiretapping, among other
things. Email became a factor in litigation-related discovery actions.
Social media is likely to do the same, if only because use of such sites
has become so widespread.

http://bit.ly/Anhsdy
<snip>

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