Comments on: Twitter and e-Discovery http://blogs.gartner.com/debra_logan/2009/04/28/twitter-and-e-discovery/ A Member of The Gartner Blog Network Thu, 25 Mar 2010 12:18:24 +0000 hourly 1 http://wordpress.org/?v=3.0.4 By: Sarah Brown http://blogs.gartner.com/debra_logan/2009/04/28/twitter-and-e-discovery/comment-page-1/#comment-76 Sarah Brown Thu, 11 Feb 2010 19:18:09 +0000 http://blogs.gartner.com/debra_logan/?p=8#comment-76 "Everything is discoverable"? Does this apply to my THOUGHTS? Just kidding, Debra. This post is great -- it's nice to see a light-hearted approach to Twitter and E-Discovery. But are you absolutely SURE the world won't end because of blogging? “Everything is discoverable”? Does this apply to my THOUGHTS? Just kidding, Debra. This post is great — it’s nice to see a light-hearted approach to Twitter and E-Discovery. But are you absolutely SURE the world won’t end because of blogging?

]]> By: e-discovery 2.0 » Blog Archive » Electronic Discovery, EDiscovery, E-Discovery, Legal Discovery http://blogs.gartner.com/debra_logan/2009/04/28/twitter-and-e-discovery/comment-page-1/#comment-18 e-discovery 2.0 » Blog Archive » Electronic Discovery, EDiscovery, E-Discovery, Legal Discovery Mon, 01 Jun 2009 22:00:22 +0000 http://blogs.gartner.com/debra_logan/?p=8#comment-18 [...] Web pages? Peer-to-peer? Google? Instant messaging? As Debra Logan astutely points out in her recent post on the topic, “everything that exists is discoverable (at least pretty much).” If you haven’t already, [...] [...] Web pages? Peer-to-peer? Google? Instant messaging? As Debra Logan astutely points out in her recent post on the topic, “everything that exists is discoverable (at least pretty much).” If you haven’t already, [...]

]]> By: Jochen L. Leidner http://blogs.gartner.com/debra_logan/2009/04/28/twitter-and-e-discovery/comment-page-1/#comment-15 Jochen L. Leidner Fri, 08 May 2009 14:46:40 +0000 http://blogs.gartner.com/debra_logan/?p=8#comment-15 Twitter posts are so short (even shorter than SMS!) that it's hard to see how one could violate copyright by posting it (fair use, substantiality in USC and US Copyright Act). I'm not at all surprised your law firm advised cautiousness, isn't that what they always do? The main question is, what's the net value, i.e. can you gain more by sharing (give and take) information faster than ever. I totally concur with your last paragraph (e.g. a recent vice presidential candidate was said to have been using only her private Yahoo account for work, which arguably makes her actions "less discoverable"). Jochen Twitter posts are so short (even shorter than SMS!) that it’s hard to see how one could violate copyright by posting it (fair use, substantiality in USC and US Copyright Act).

I’m not at all surprised your law firm advised cautiousness, isn’t that what they always do? The main question is, what’s the net value, i.e. can you gain more by sharing (give and take) information faster than ever.

I totally concur with your last paragraph (e.g. a recent vice presidential candidate was said to have been using only her private Yahoo account for work, which arguably makes her actions “less discoverable”).

Jochen

]]> By: Nick Mehta http://blogs.gartner.com/debra_logan/2009/04/28/twitter-and-e-discovery/comment-page-1/#comment-10 Nick Mehta Wed, 29 Apr 2009 05:08:13 +0000 http://blogs.gartner.com/debra_logan/?p=8#comment-10 Hi Deb, That's a great post and very topical. I have to admit that I think businesses are struggling with a fundamental challenge. To appeal to their customers, partners and employees, they are becoming more authentic, unfiltered and real-time, using methods like twitter. Yet, these same factors potentially open the exposure that you describe. Frankly though, I think the transition is inevitable because if one company avoids these new media, its competitors will not and it will lose out. However, I agree that the authenticity and lack of control inherit in twitter will change e-discovery a great deal in the coming years. Nick Hi Deb,

That’s a great post and very topical. I have to admit that I think businesses are struggling with a fundamental challenge. To appeal to their customers, partners and employees, they are becoming more authentic, unfiltered and real-time, using methods like twitter. Yet, these same factors potentially open the exposure that you describe. Frankly though, I think the transition is inevitable because if one company avoids these new media, its competitors will not and it will lose out.

However, I agree that the authenticity and lack of control inherit in twitter will change e-discovery a great deal in the coming years.

Nick

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