AN EXAMINATION OF ETHICAL AND EVIDENTIARY RULES IN THE AGE OF PERPETUAL SOCIAL MEDIA
COURSE OVERVIEW:Examine the practical and ethical issues arising from the astounding amount of potential evidentiary information stored within, accessible to and accessible from a cell phone.
First generation cell phones contained no usage history, no photos, no text messages, no emails, no social media accounts, and no web browsing history. While the history of an old cell phone's inbound and outbound calls may have been available in
service provider records or in paper billing statements, it was not found on the device itself.
Today's technology records a myriad of actions related to the user, as well as the people, organizations and sites the user communicates with. It can also tell you the when/where/how the phone was used. And much of it is captured without the knowledge or intent of the user.
- How should an attorney deal with a client's cell phone when it comes into their possession?
- Can a client give informed consent to the attorney to search the phone for information that could be "helpful" to their case?
- What can and should an attorney do when they find "unhelpful" information on a client's phone?
It's Not Just a Cell Phone Anymore!