Its a question that underlines how our views of evidence are going to change with our views of privacy.  Link here.

To qualify, Cabrera-Matute must prove that he has lived in the United States since graduating last year from Friendly High School in Fort Washington. He has no official records to cover the whole 16-month period, but, on his girlfriend’s suggestion, he brought in printouts documenting his casual habit of “checking in” on his Facebook page — from the mall, from Olive Garden. “It just lets all my friends know what I’m doing, in case they want to join.”

As more and more of our activity moves to the cloud — and as we lose the ability to modify it after the event, from EasyPass records to data from GPS in our devices, from blogs to Facebook, to other social media and connection tools, lots of cases, perhaps particularly family law cases, are going to look very different.  Do definitions of business records and hearsay need reconsideration?

The main point of the Post article is different — that the advocacy community is urging that what is appropriate for consideration be clarified.  I would have assumed that the current phrase allowing submission of any “other document you believe is relevant,” would be helpful, but I suspect that the fear that is those processing the cases will in fact find such submissions non-relevant, unless required to consider them.

In any event, this is just part of the new world.