Social media is emerging as a cottage industry for electronic evidence. It is now playfully referred to as an electronic “permanent record” in this era of Wikileaks.
“It just makes for a beautiful exhibit, and there’s no longer any question about what was said,” says Cassandra Ferrannini, an employment law attorney with the Sacramento law firm Downey Brand. Conversations are displayed complete with date and timestamps. Some conversational snippets show up in context, others out of context.
Labor and employment attorneys are aggressively using Facebook and other social media outlets. All areas of litigation and investigation are using social media to find and vet witnesses, for subpoena and impeachment reasons. There is even an iPhone App for background checks, which reports the usual demographic information and also includes social media activity.