Part Two in a multi-part series on the topic.

In Part One of this series, we discussed California’s Electronic Discovery Act, which established procedures for parties to discover electronically stored information (“ESI”) from opposing parties for use as evidence in state court actions.

ESI that may be subpoenaed as evidence in a lawsuit includes information from social media sites, like Twitter and Facebook.

In a recent criminal case in New York, the defendant, Harris, was charged with disorderly conduct for marching onto the Brooklyn Bridge during an Occupy Wall Street protest. Harris moved to quash a subpoena served on Twitter seeking his “subscriber information, e-mail addresses, etc. and content information such as tweets.”