Dance Like No One Is Watching, Post Like Everyone Is: The Accessibility of “Private” Social Media Content in Civil Litigation

Nicole A. Keefe · 19 Vand. J. Ent. & Tech. 1027

Abstract

An increasing amount of information about an individual manifests in online activity, specifically through the use of the numerous social media platforms available today. Though these platforms offer users the ability to shield content behind various degrees of privacy options, even the most private information might be accessed in the course of robust legal proceedings. This Note analyzes the accessibility of private social media content in civil litigation through the vehicles of the Federal Rules of Civil Procedure, the Model Rules of Professional Conduct, and the Federal Rules of Evidence. The solution suggests methods for incorporating this new technological medium into existing legal frameworks, while also highlighting the importance of addressing contemporary notions of privacy.