Computer Investigation Law
Investigators engaged in electronic discovery should be mindful of posted terms, conditions, EULAs, labels, notices, warnings, banners, contracts, agreements and no-trespassing signs. They can have legal effect in the electronic world, and may be binding on an investigator who encounters them.
Consider Pietrylo v. Hillstone Restaurant Group.
While off-duty, restaurant employees maintained a password-protected MySpace forum, labeled as “talk about all the crap/drama/and gossip occurring in our workplace, without having to worry about outside eyes prying in.” Pietrylo created and maintained the forum, explicitly designated it as “invitation only,” and distributed passwords to a limited number of employees. One of these employees gave her password (whether voluntarily or otherwise is unclear) to restaurant management. Management accessed the forum, and discovered . . .