This Comment addresses why service by social media better meets the constitutional standard for service of process than publication and advocates change at the state level, including suggesting arguments attorneys can use to persuade courts to allow them to serve defendants over social media. Part II of this Comment discusses the constitutional and statutory evolution of service of process beginning with traditional personal service, moving on to service by publication, and ending with electronic service of process. Part III explores recent cases in which courts have authorized and denied social media service for serving both parties abroad and parties in the United States. Part IV analyzes why the reasoning behind the cases involving foreign parties can and should be applied to situations involving domestic parties. Part V discusses ethical concerns about authenticating a social media profile and determining whether a party is actually likely to receive service that suggest why some courts may be reluctant to allow social media service. Part VI discusses the benefits to social media service and why social media service is constitutionally superior to newspaper publication. Finally, Part VII proposes a judicial and a legislative change to move courts into the modern day.
Alyssa L. Eisenberg,
Keep Your Facebook Friends Close and Your Process Server Closer: The Expansion of Social Media Service of Process to Cases Involving Domestic Defendants,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol51/iss3/5