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Collecting Social Media as Digital Evidence - PageFreezer Webinar
- 1. Collecting Social Media Records as Digital Evidence Michael Riedijk PageFreezer.com
- 3. Social Media in Civil Litigation Employment 32% Insurance 13% Tort 13% Intellectual Property 10% Contract 8% Defamation 5% Bankruptcy 5% Privacy 5% Trade secrets 3% Divorce 3% Discrimination 3%
- 4. Social Media in Criminal Litigation Child Exploitation 28% ID of Witnesses 13% Online Harassment 11% Gang related 11% Fraud 8% Sexual Assault 9% Violation of Probation 6% Drugs 6% Possession of Firearms 4% Murder 2% Terrorism 2%
- 5. Confidential
- 6. Broker dealers & Investment brokers (2012) – SEC 17a-4: preserve business records of all marketing communications for not less than 3 years – FINRA 10-06/11-39: record keeping, supervision and responding to social media posts Banks & Credit Unions (2013) – FFIEC, FDIC, NCUA: “Social Media: Consumer Risk Management Guidance” Mortgage Brokers (2015) – Mortgage Acts and Practices (FTC): preserve copies of all commercial communications & mortgage advertisement Financial Services Regulatory Compliance
- 8. • Federal Records Act (44 U.S.C. 3301 ) – “All books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics…” • State Open Records laws – “All state and local government agencies must retain all web content in accordance with the approved retention schedules.” - WA State Preservation of Electronic Public Records law Open Records Compliance
- 10. FTC’s Advertising Endorsement Guides • Prevent deceptive online advertisement • Applies to bloggers, social media & websites that get paid for promoting products • Images, video and links to 3rd party website are considered an endorsement • Must disclose relationship with advertiser https://www.ftc.gov/system/files/documents/plain-language/bus41-dot- com-disclosures-information-about-online-advertising.pdf https://www.ftc.gov/tips-advice/business-center/guidance/ftcs- endorsement-guides-what-people-are-asking Online Advertisement Guidelines
- 12. 1. Archive all your public social media, blogs, forums, websites daily 2. Collect data in original file format (HTML, PDF etc.) 3. Collect metadata 4. Sign all data with digital signatures & timestamps 5. Data must be indexed and full-text searchable 6. Store data on duplicate media 7. Data must be retained for 3 to 7 years (depends on industry) Regulatory Compliance Checklist
- 13. Important Lawsuits ● Re Vee Vinhnee (2005) this case identified inadmissibility of mere printouts of data as authentic evidence, and so the question had to be asked….how to legally verify a document from the internet or digital origin? ● Lorraine v Markel Insurance Company (2007) this landmark judgment originally discussed, and verified, the legal necessity of authentication of digital content when produced in court as digital evidence, in accordance with Federal Rule of Evidence 901(a). ● United States v. Vayner (2014) in one of the most recent and relevant cases to the current stance of social media evidence, the courts found that printouts of a social media account were wrongly admitted as evidence without proper verification and authentication.
- 14. The problem with digital evidence Data Integrity – How do you prove that a message has not been tampered with? Data Authenticity – How do you prove the date & time a page was captured? – How do you prove from which URL a snapshot was taken? Digital Signatures & Timestamps – Provide data integrity & authenticity for business transactions – eSign Act (2000)
- 15. Why is social media hard to collect? Multifaceted Nature Can contain images, videos, comments, likes Real-Time Activity Content posted, edited or deleted in real-time Infinite scrolling Social Media walls can scroll indefinitely Deeplinked Content 30% of social media messages contain links to 3rd party website content Link shorteners Short links (bit.ly, goog.le) links can change over time or expire
- 16. About Metadata Client metadata (FROM) Browser, operating system, IP address, user Webserver/API endpoint metadata (TO) URL, HTTP headers, type, date & time of the request and response Account metadata (WHO) Account owner, bio, description, location Message metadata (WHAT, WHEN) Author, message type, post date & time, versions, links (un- shortened), location, privacy settings, likes, comments, friends
- 17. What do you need? 1. Screenshot in PDF for visual reference 2. Source code (JSON, XML, MHTML) 3. Metadata 4. Digital Signature & Timestamps 5. EDRM – XML to import in eDiscovery system
- 18. WebPreserver.com • Web browser plugin • Capture single social media profiles or webpages • Auto-scroll Facebook timeline • Auto-expand Facebook comments • Export to PDF, HTML, metadata, EDRM-XML • Digital Signatures & Timestamps • Full-text Search • Share online
- 19. PageFreezer.com • Collect social media history • Collect complete websites • Continuous monitoring • API metadata • Export to PDF, HTML, metadata, EDRM-XML • Digital Signatures & Timestamps • Visual Compare • Full-text Search • Share online
- 20. Social Media & Web Collection Service • We do the work for you • Complete social media account collection • Webpage or complete website • 1 business day turn-around
- 21. Get the Whitepaper “ Social Media & eDiscovery – Collecting Online Conversations for Litigation” http://hello.pagefreezer.com/social-media-archiving
- 22. PageFreezer Software, Inc. #500 – 311 Water Street Vancouver, BC Canada (888) 916 3999 mike@pagefreezer.com www.pagefreezer.com @PageFreezer Lets Connect
Editor's Notes
- Picture this: a Buffalo police cop stealing coke from the evidence room and posting it on Vine. In this case, it was a comedy skit viewed by 6M people online. As police officers cannot appear in uniform with their badge it turned into an employment case with this officer being suspended for dishonoring the police on social media.
- After FDA Warning, Kim Kardashian Posts Corrected Endorsement Of Morning Sickness Pill
- Obviously take a screenshot and legalize a tweet by a paralegal, but what if you need to process a 10,000 page website or long social media timelines?