(University of Oregon School of Law, 2008) Wilson, John S.
This Comment argues that traditional legal rules are generally
ineffective in addressing the new challenges that electronic
evidence poses and that such challenges require new solutions.
Many of the lessons learned from the increased use of electronic
evidence in civil litigation-- "e-discovery," in the parlance of
litigators-- may be applied to the burgeoning use of social-networking
sites to gather evidence in criminal cases. This
Comment also suggests some shortfalls in the newly revised
Federal Rules of Civil Procedure governing e-discovery and
offers suggestions for closing existing loopholes.
