In case you missed it, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued a formal opinion recently on attorney review of jurors’ Internet presence, concluding that:

A lawyer may “passively” review a potential juror or juror’s public Internet presence, but cannot communicate with a juror.  Requesting access to a private area on a juror’s social media network is prohibited.

If a juror or potential juror becomes aware that an attorney is reviewing his or her Internet presence because they receive an automatic notification from their social network, this does not constitute a communication from the attorney in violation of Rule 3.5(b).

If, in reviewing a juror’s or potential juror’s Internet presence, an attorney discovers evidence of criminal or fraudulent misconduct relating to the case, the attorney must take remedial measures including, if necessary, disclosure to the court.