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It's Time to Level the Playing Field - The Defense's Use of Evidence from Social Networking Sites
By Thomas G. Frongillo; Daniel K. Gelb
If a client is in the crosshairs of a criminal investigation, chances
are that law enforcement has already scoured Facebook, MySpace, Twitter,
LinkedIn and other social networking sites to search for incriminating
evidence. Several hundred million people have active Facebook and
MySpace accounts.1 Unlike traditional Web sites, where users
are limited to passive viewing, social networking sites permit users to
create personal profiles; post photographs, videos, and audio clips;
write blog entries and status updates; send and receive private
messages; and link to pages of others. Across the country, law
enforcement agents and prosecutors are effectively mining these sites
for inculpatory evidence. But evidence from social networking sites is
not just for the prosecution. Evidence from these sites can also bolster
the defense.
Government Uses of Social Networking Sites
A recently obtained document from the U.S. Department of Justice titled
Obtaining and Using E
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