The Nuts And Bolts Of Social Media Discovery

Law360, New York (September 13, 2013, 12:02 PM EDT) -- I recently addressed the general implications of the Stored Communications Act on locating and retrieving electronic evidence in a Law360 article entitled "A Hurdle to Obtaining Electronic Evidence." As explained by the Ninth Circuit in the landmark case Quon v. Arch Wireless, "Congress passed the Stored Communications Act in 1986 as part of the Electronic Communications Privacy Act. The SCA was enacted because the advent of the Internet presented a host of potential privacy breaches that the Fourth Amendment does not address. See Orin S. Kerr, A User's Guide to the Stored Communications Act, and a Legislator's Guide to Amending It, 72 Geo. Wash. L. Rev. 1208, 1209-13 (2004)....

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