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Sign Up for the Information Management Newswire |
“Tweets” Subject to Discovery
Twitter users should exercise the same caution in their brief messages known as “tweets” as they do in other electronic communications. According to an article in the National Law Journal, tweets from a company network could be subpoenaed in a lawsuit, much the same as any other electronic communication. Records managers need to be aware that Twitter use has implications for updating electronic communications and records policies.
Twitter is a free social networking tool designed to let users update their friends and colleagues about current activities. Each tweet is limited to 140 characters, so messages are necessarily short and chock full of abbreviations. Users, who call themselves “twitterers,” can send messages using e-mail or text messaging from desktops, laptops, or smart phones such as iPhones or Blackberrys. Tweets then appear as updates in list form on the user’s Twitter page, accessible through a web browser. Twitter users can opt to “follow” all of another person’s messages, respond to them, and receive automatic updates when new messages are posted. Most twitterers keep their posted updates public, so anyone can follow anyone, though options to restrict public access do exist.
In essence, Twitter is a mini-blogging site, but it has already become more than a social pastime. NASA gave its Phoenix Lander a Twitter presence and used it to send updates of the robot’s Mars landing to 40,000 followers. A Wall Street Journal correspondent uses Twitter to follow updates from news organizations, and
Attorneys caution that legal risks abound for Twitter use in corporate settings, however. Users should realize that tweets posted from company networks are no different than letters, e-mails, or other communications and are subject to electronic discovery rules. They stress the need for policies or guidelines that define the conditions for Twitter use.
As with e-mail and blogs, individuals must be careful that their posts are not construed as representing the company’s position on an issue. Because Tweets are very short and abbreviated to the point of resembling code, their later interpretation could pose problems. A concern in the financial community is how tweets might be saved as records, particularly if they are customer communications. And for those who believe that their tweets evaporate into the ether without trace, there is Tweetbacks, a tool that can backtrack and display all tweets about a particular post.
Twitter’s popularity and viral spread will continue and so will its legitimacy as a communications tool. Smart information managers will get familiar with the application so they can be in a better position to understand how to minimize its liabilities. One such group has already begun: lawyers themselves are twittering on sites such as Lextweet, a social networking tool that helps them understand the technology by using it.
ARMA International IMN, January
