SOCIAL NETWORKING SITES: A REASONABLY CALCULABLE METHOD TO EFFECT SERVICE OF PROCESS

Melodie M. Dan, Thomas Jefferson School of Law

Abstract

SOCIAL NETWORKING SITES: A REASONABLY CALCULABLE METHOD TO AFFECT SERVICE OF PROCESS

The evolution of technology has presented a new method of affecting service of process. Society uses social networking sites to stay in touch with family and friends and to meet new friends. We live in a society where social networking sites are a part of our everyday lives. Such sites allow users to send each other messages publicly or privately, either to their private inboxes or by posting a comment to a user’s profile. In light of this new possible method of service, Courts must determine whether service over social networking sites is a valid method and in which circumstances should it be allowed.

The general standard to determine whether a method of service is proper in a certain situation is the Mullane standard, which requires that a method of service be reasonably calculated to give the defendant notice of an action against him or her. E-mail has often been allowed in situations where a defendant is extremely difficult to locate by conventional methods, such as by personal service, by mail or through an agent. In cases where Courts have allowed service of a defendant by e-mail, courts ruled that e-mail as an alternative method of service complied with the Mullane standard. Contacting and serving an individual over a social networking site is very similar to contacting and serving an individual or company over e-mail. However, service over social networking sites may be more effective than e-mail because of social networking sites’ interactive qualities. In a time where some individuals or companies may be easier to locate online than in person, by mail or through an agent, courts must allow methods such as service over a social networking site.