Crowell & Moring

Last week, I spoke with Bloomberg about the challenges associated with the use of social media in government investigations and criminal matters. The video, titled Confronting an Uncertain Frontier: The Role of Social Media at Trial is posted on Bloomberg’s E-discovery Resource Center.

 In the interview, I discussed the widespread use of social media in government investigations, how important it can be to the government’s case, the ethical and other legal challenges faced by defense counsel in obtaining social media evidence, the government’s preference for obtaining social media evidence through subpoenas rather than search warrants, and recent cases addressing the admissibility of social media evidence at trial. I welcome your comments on my perspectives and takeaways on this treasure trove of evidence available to the law enforcement officers in investigations.