AJ 025 Lecture Notes - Lecture 28: Electronic Communications Privacy Act, Stored Communications Act, Administrative Law Judge
Document Summary
Impact on litigation: social media posts are routinely included in discovery in litigation. Posts can provide damaging information that establishes a person"s intent or what she/he knew at a particular time. Social media posts have been used to reduce damages awards. Impact on settlement agreements: social media posts have been used to invalidate settlement agreements that contained confidentiality clauses. Criminal investigations: law enforcement uses social media to detect and prosecute criminals. Surprising number of criminals boast about their illegal activities on social media. Police may use social media to help them locate a suspect/determine the identify of other suspects. Administrative law judge can base decision on the content of social media posts. Employers" social media policies: many large corporations have established specific guidelines on using social media in the workplace. Employees who violate employer state policies on social media may be disciplined/fired. Courts/admin agencies uphold an employer"s right to terminate a person based on violations of social media policies.