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Is it true that companies are behind in addressing the challenges of social media discovery? It has been questioned as to whether companies have sufficient plans in place to collect and preserve social media should the need arise. This is odd considering the breakneck speed of social media’s adoption. In this article ediscoveryjournal.com/.../social-media-discovery-we-are-woefully-unprepared, the author underscores the problem of "completely" ignoring social media in e-discovery plans and strategies. He cautions that “[a] lack of a plan of action to discovery [sic] social media when necessary … will only serve to increase costs – whether that be from sanctions, adverse inferences, or the higher costs of eDiscovery when not prepared.”
I think so. I would be surprised to find that companies are actually archiving social interactions with customers. The speed and volume of our communications certainly has changed the landscape of discovery since I used to search through documents in banker's boxes.
To me, it's about perspective. If you view social media as social, then you view it as just a crowd of voices - fleeting and uncapturable. If you view it as media, then you view it the same way you'd view a bank receipt, small but still an important part of the larger paper trail. The Twitter paper trail was an important part of this trademark/publicity lawsuit filed by NBA-Player Gilbert Arenas www.lexisnexis.com/.../twitter-eats-holes-in-nba-player-gilbert-arenas-trademark-publicity-lawsuit-against-reality-tv-show-basketball-wives.aspx
It's definitely a paper trail - people say the dumbest things in social. Also, the spoliation of evidence is huge. The amount of evidence that can be garnered from a Facebook account to undermine a claim is incredible.