Social Media & the Law Update Update

Two updates on social media and the law. One is very practical. A link to an abstract of a Duke Law Review article on juries and social media: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2020499

 Although the other is at best quirky, it is interesting. Among the most widely read (or at least interesting legal blogs) is the Volokh conspiracy. Professor Volokh had an interesting post recently about social media and a now former Assistant United States Attorney entitled: Criminal Defendant Outs Anonymous Web Site Commenter — Who Turns Out to Be One of the Prosecutors

 Eugene Volokh • March 20, 2012 10:40 am

Ars Technica reports; the New Orleans Times-Picayune reports that the prosecutor is being investigated by the Justice Department for possible violations of Justice Department policies. An excerpt from Ars Technica (read the whole thing, which also includes many links):

A federal investigation involving New Orleans landfill magnate Fred Heebe took a surprising turn this week. Heebe filed a court petition claiming a frequent commenter on local-news site NOLA.com was in fact Sal Parricone, one of the prosecutors assigned to his case. Heebe turned out to be right.

The commenter took regular shots at Heebe and his family, seeming to know more about the case than an average reader of the site might….

So Heebe hired a former FBI forensic linguist, James R. Fitzgerald, to analyze 598 comments made over the course of 6 months by a commenter using the handle “Henry L. Mencken1951.″ Fitzgerald, who also worked on the arrest and prosecution of Unabomber Ted Kaczynski, compared the comments made by “Mencken1951″ to the language in a 9-page proceeding filed by three Assistant U.S. Attorneys, including Parricone, against the CEO of Heebe’s company, River Birch Landfill. The language was strikingly similar. Given that Parricone was born in 1951, Heebe singled him out in the court petition. On Thursday afternoon, U.S. Attorney Jim Letten confirmed Perricone had used the “Henry L. Mencken1951″ handle.

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