Abstract

Social networking websites, like Facebook, contain a wealth of
data that can be useful in legal disputes and investigations. Some
information on social networks is publicly available, but much of it is
restricted to “friends.” This article examines when and how lawyers,
and those they supervise, may ethically and legally collect
information on social networking websites, and in particular, when
they may use undercover techniques and make friend requests to gain
access to restricted information. Although the case law is
occasionally contradictory and the rules are unclear, the article
analyzes the types of activities that are likely to be ethical and
unethical based upon existing precedent. Finally, the article proposes
minor changes to the rules to make them clearer and fairer.