Document Type

Article

Publication Title

Minnesota Law Review

Publication Date

11-2013

ISSN

0026-5535

Page Number

7

Keywords

evidence, text messages, social media

Disciplines

Law

Abstract

A new kind of evidence is making its way to America's courts. Social media posts and text messages are surfacing in trials across the country, and the cases so far represent just the tip of the technological iceberg.' The potential enormity of the emerging evidentiary phenomenon is apparent in the changing habits of our own lives. Many of us, particularly those under thirty, constantly transmit observations and impressions through text messages and social media sites, no matter where we are and what we are (supposed to be) doing.' As "smartphone" ownership expands and younger adults-who al- ready average over 100 text messages per day-replace their less technologically savvy elders, this new reality will become even more pronounced.' Our world is becoming digital. Our trials must surely follow.'

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