Increasinglyclaims professionals and attorneys (among others) are turning tosocial media to conduct research for their investigations. Whetherthe intended purpose is to examine the validity of a claim or gaugethe veracity of a plaintiff, investigators are finding new ways toleverage the information accessible on sites such as Facebook andTwitter. But glimpsing into the veritable treasure trove ofintelligence found on these social media sites is not withoutcaveats. Claims Christina Bramlet spoke with AttorneyDeborah A. Lujan to learn about what is admissible in court andwhat ethical considerations a prudent investigator should evaluateprior to making new “friends.”

Are social networking sites useful for lawyers andinvestigators?

Yes. Facebook and Myspace are social networking websites whereusers are allowed to add friends, and access to their accounts mayprovide useful information. However, if a claimant/plaintiff and/orpotential employee has taken reasonable steps to keep theinformation private, then they have a privacy interest in theinformation and/or their Web page. The Stored Communications Act(SCA) is a federal statute that prohibits third parties fromaccessing electronically stored communications—for example, e-mailsor Facebook entries—without proper authorization. (18 U.S.C.Section 2701)