Online communications: “Meet me online so we can talk privately for all to read.”

The use of electronic internet devices such as computers, oneplus 4k tv 43 inch laptops, cell-phones and smart phones, has led to an explosion of readily available information. The web has become a literal smorgasbord of data – facts galore, sports stats heaven, and the latest teenage nonsense can all be accessed at the touch of a button, or the touch of a screen. The sheer amount of “stuff” can seem at times more like a virus outbreak than an explosion, or like a tidal wave that wipes out the casual web surfer.

Even more accessible than before are our communications. Social networking sites have put the very corners of our private life on blast for all to see and read. The latest posts and status updates let everyone know where we’ve been, what we ate, what we think about the latest movie, what we’re going to wear tomorrow – the list is as endless as our observations of the minutest details of our minute-to-minute existence.

And our conversations are getting memorialized in the form of comments and instant messages, sometimes allowing random intruders to interject in our sophisticated discussions of the most recent happenings. “Who is this person again?” is not an uncommon question when chatting with an online “friend”.

As these internet devices are used more and more for “private” communications, the question begs to be asked, “Can my electronic communications be used as evidence in court against me?” In general, the answer to this is “yes” – this information can be used, subject to various limitations, during what is known as the discovery process of a trial. What follows is a discussion of the basic applications of discovery to electronic information.

What is “The Discovery Process” in General?
In general, evidence gathered during the pre-trial phase of a lawsuit is known as discovery. During the discovery phase, each party is allowed to request documents and other items from the opposing side. Following the Federal Rules of Civil Procedure (FRCP), these documents and items are entered into the record to be admitted as evidence. If a party is unwilling to produce documents for discovery, the other party may force them to hand over the evidence using discovery devices such as a subpoena.

Usually the objects produced during discovery tend to be documents and records kept on file by a person or a business. Some items are not admissible as evidence. Examples of items that may not be reached during discovery are those protected by the attorney-client privilege, or items that have been illegally seized by warrant.

What is “Electronic Discovery”?
In legal parlance, electronic discovery, or “e-discovery” refers to discovery of Electronically Stored Information. Electronically Stored Information, or “ESI” is an actual legal term adopted by the Federal Rules of Civil Procedure in 2006. ESI refers to information that is created, stored, and used in digital form, and requires the use of a computer for access. Such information may take the form of documents, e-mails, web site addresses, and digitally stored photographs. ESI is subject to the basic principals that govern the discovery phase. Once admitted as evidence, ESI becomes “electronic evidence”.

However, because ESI is a relatively recent phenomenon (legally speaking), and because of its unique nature, there are various rules and statutes that are unique to e-discovery. E-discovery can often be much more demanding than traditional discovery, both time-wise and financially, because of the enormous amount of information that can be stored on a computer.