Oregon Law Review : Vol. 86 No. 4, p.1201-1240 : MySpace, Your Space, or Our Space? New Frontiers in Electronic Evidence
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.