More and more, law enforcement is relying on social media as a major investigative tool, and the courts are going with it because most social media use is not actually private in a legal sense. While it might be possible to post whatever you like online without worrying that unintended people will see it if you are a privacy and security guru, for most people social media is an area where private thoughts are discussed semi-publicly. That's where legal trouble can start. If you are involved in criminal proceedings, your current and past social media are likely to be included in the investigation.
A group of distinguished academic and legal professionals from throughout the world gathered recently to discuss current enforcement efforts against white collar crime. According to those attending this meeting, these enforcement efforts are failing to properly hold those who are accused of committing these crimes accountable for their actions. As a result, these professionals contend that enforcement efforts are failing to properly deter these crimes.
It is not uncommon for federal regulators to make use of whistle-blowers to help prosecute allegations of securities fraud. In a new twist, some states are looking to use these informants as well.