Allyson Haynes Stuart, Finding Privacy in a Sea of Social Media and Other E- Discovery

From Abstract of the Article:

This article looks at the case law governing discovery of social media, and finds several problems. First, many courts are improperly requiring a threshold showing that relevant information exists in public portions of the user’s social media account before allowing such discovery. Second, they allow overbroad discovery…The article argues that, instead, social media discovery should be treated like other party-driven discovery…The article then looks more broadly at the emerging issue of privacy in e-discovery…Finally, the article argues that the scope of e-discovery dictates a new look at the way our discovery rules protect privacy, and finds encouragement in the latest proposed amendments to Fed. R. Civ. P. 26(b)(1) to limit the scope of discovery…

The full text can be downloaded at: http://ssrn…