Where do the ever-blurring lines between personal and business interaction on the social web meet? Most employers and employees do not know and the law has yet to reflect the intricacies of online interactions.
ESI includes social networking platforms
Whereas ten years ago it was relatively novel to include e-mail as a form of evidence it is now the case that social networking has overtaken e-mail in popularity, and internet usage policies in most companies do not reflect this change.
"Whereas a decade ago e-mail was often excluded from discovery as part of an unspoken agreement between parties, today all sorts of electronic communications are potentially discoverable. User activity on social networking sites like Twitter, LinkedIn, Facebook and MySpace warrant serious concern," wrote H. Christopher Boehning and Daniel J. Toal on their Law.com blog Law Technology News last year.
"Like it or not, social networking has come to the office, and its arrival presents a host of challenges. Those challenges can best be met through a formal policy, which should also address how to consider this online activity when collecting ESI (electronically stored information) for discovery," they added.
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Source: siliconrepublic.com
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