Think about all the damaging, embarrassing, and ultimately private information you post onto your Facebook account. It's not that surprising that for some attorneys, social media is akin to an appetizing treasure trove of discovery just waiting to be harvested.
With technology advancing and more users going online, courts are starting to catch up.
But the way that courts treat social media seems to be in flux. In one New York case, a judge ruled that a defendant can't have access to a private Facebook account during the discovery process. The rationale being that discovery is supposed to lead to relevant evidence. Discovery shouldn't be a rampant fishing expedition through a person's personal life.