Social networking sites such as Facebook and LinkedIn, which allow members to share information about their personal lives and activities, have become a rich source of evidence for attorneys. The case law on a party’s right to access an opponent’s profile and other online information remains in flux. However, some recent court cases have found that the inherently public nature of social networking sites undermines any expectation of privacy. While social media is a valuable tool when used correctly, information found on social networking sites potentially can play a pivotal role in a variety of cases, including personal injury, insurance fraud and divorce. As some courts and commentators have made clear, any expectation of privacy for such information is more wishful thinking than reality. What do you think?

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