Steven S. Gensler, Special Rules for Social Media Discovery?

65 Ark. L. Rev. 7 (2012)  

From the Article’s Introduction:

“The overall thesis of this article is that we are not likely to see the creation of special rules for social-media discovery. Part II of this article discusses why special social-media discovery rules likely will not be needed. Part III discusses why the rulemakers would find it hard to craft special social-media discovery rules even if the need arose”.

Part IV concludes that while it

may be tempting to seek … answers in special rules governing social-media discovery… [b]ased on the caselaw so far, I do not think special rules are needed. [If] properly applied, the [current] discovery rules seem well-equipped to accommodate discovery [regarding social media]”.

The full text is available at….