Pace Law Review Volume 31 Issue 1 Social Networking and the Law Article 6 Winter 2011 January 2011 Social Media and the Vanishing Points of Ethical and Constitutional Boundaries Ken Strutin New York State Defenders Association Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Constitutional Law Commons, Law and Society Commons, and the Privacy Law Commons Recommended Citation Ken Strutin, Social Media and the Vanishing Points of Ethical and Constitutional Boundaries, 31 Pace L. Rev. 228 (2011) Available at: https://digitalcommons.pace.edu/plr/vol31/iss1/6 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact
[email protected]. Social Media and the Vanishing Points of Ethical and Constitutional Boundaries Ken Strutin* Abstract Social media are extraordinary communication and preservation tools brimming with fonts of incriminating, exculpating, and impeaching evidence. Legal professionals have already added online profiles, instant messaging, and videos to the list of information sources about their clients, their opponents, and their potential witnesses. Still, the bulk of legal authority and ethical guidance is rooted in precedent based on antecedent technologies, which has little resemblance to the emerging social centers of cyberspace. No guidelines for criminal defense discovery or investigation within networked social spaces can be found in existing statutes and ethics codes. One ethics committee has taken the lead on this issue in an opinion curtailing the limits of surreptitious witness investigation through Facebook.