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Here are some commitments you make to us relating to registering and maintaining the security of your account. Craigslist’s Terms of Use contain similar provisions – see Section 7 entitled “Conduct.” How would a court rule if a motion in limine was filed to keep out the evidence obtained by creating a false account?Who knows, but you need to discuss this issue with your client if he or she wants to do it or has already done it.Many attorneys are in the habit of sending out a standard set of interrogatories and document requests without tailoring them to the specific case.There is nothing wrong with that, but when was the last time you updated your standard set of discovery so that it encompasses current technology?Do your document requests seek printouts of all postings a party has made on the internet, including but not limited to online personal ads, blog and message board posts, tweets, photographs, etc.?

For example, we once successfully subpoenaed cell phone tower records and used them to prove that our client’s wife was indeed having an affair, despite her having sworn under oath that she was not.As the Internet continues to evolve, there are more and more applications to be aware of – Facebook, My Space, Twitter, Craigslist, Flickr, Second Life – and the list is only going to get longer.Our clients and their spouses spend an increasing amount of time living, working and playing online – sometimes with the wrong people. Our research has not disclosed any reported cases in which this statute has been used to prosecute a spouse for a computer-related crime, nor have we found any reported civil cases in which one spouse sued the other for damages under this statute.So, if an opposing party has his controls set in such a way that only his “friends” can access his postings, can you or your client create a fictitious online identity on Facebook and send a friend invitation in the hope that he will accept so you can see who he’s communicating with online and what they look like? You can do it, but you may be violating the terms and conditions of the site.For example, Facebook’s Statement of Rights and Responsibilities contains the following language under Section 4, Registration and Account Security: Facebook users provide their real names and information, and we need your help to keep it that way. Under this policy, it does seem as though creating a fictitious online identity in order to access an opposing party’s Facebook information would be a violation.

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