960 N.Y.S.2d 592, 595 (Sup. Ct. 2013)
In which a New York Supreme Court described a two-pronged analysis for determining whether a social media post was discoverable, first, determining whether the content was “material and necessary” to the litigation and second, whether compelling production would violate the privacy rights of the account holder.
Supreme Court of Virginia (Record Nos. 120074, 120122)(2013)
Personal injury state in which Lester’s wife was killed in a car accident. Some of the information on Lester’s Facebook page was harmful to his character, and fearing it could be used to discredit his client, his attorney told him to “clean up” his Facebook and MySpace accounts by deleting insensitive photos in an effort to avoid those photos being used at trial. Lester deleted the accounts, and his attorney signed discovery responses denying the existence of the accounts. The defense filed for spoilation of the evidence, which the ground granted, resulting in monetary fines for Lester and his attorney.
742 S.E.2d 464 (2013)
Appellant convicted of murder and numerous other counts. Appellant contends the trial court erred when it allowed the admission of a document Officer Ricks had printed as part of his investigation from the social media website MySpace. The printout was a screenshot of the MySpace profile page on which the person described himself as a 19-year-old male from New York and as a member of a particular gang, and which profile page depicted images of appellant wearing a bandana in a color associated with that gang and making a sign with his hand. Appellant argues that the State's attempt to authenticate the document was insufficient because Officer Ricks could not say who owned the profile page or who created it and because Officer Ricks had not subpoenaed the website 0provider. The court disagreed, and found that in this particular case, there was sufficient circumstantial evidence to authenticate the printout from the MySpace profile page, based on the number of authenticating witnesses and corroborating data from the page itself.