This ABA TechShow presentation is for lawyers and companies who want to have a better understanding of the increasingly important role that social media plays in litigations around the country (and the world). Counsel need to understand that social media is a game changer, and a powerful tool that can be harnessed to win (or lose) a case.
For additional information on this presentation, please contact Antigone Peyton (antigone.peyton@cloudigylaw.com).
So you want to hear more information about this thing they call “cloud computing,” huh? Well many companies are moving business information and computing into a cloud environment, should law firms be there too? This ABA TechShow presentation covers some basic cloud computing concepts and certain risks and concerns that lawyers should consider before moving their law practice into the cloud.
For additional information on this presentation, please contact Antigone Peyton (antigone.peyton@cloudigylaw.com).
We're living in an age of devices and applications that push the boundaries of dreams, an age of instant gratification, but also the age of Digital Rights Management and Copyright laws. With questionably illegal modifications becoming simple enough for children to use, where does the line get drawn between squeezing more functionality out of your digital devices and software and breaking felony laws? In this talk attendees will explore the justifications and rationales behind the use of questionable hardware and software modifications and understand the mentality behind why their use is rapidly catching on in the general population.
E-Discovery: How do Litigation Hold, BYOD, and Privacy Affect You? - Course T...Cengage Learning
E-Discovery: How do Litigation Hold, BYOD, and Privacy Affect You? - Course Technology Computing Conference
Presenter: Amelia Phillips, Highline Community College
E-discovery is defined as “gathering electronically stored information (ESI) for use in litigation”. At first glance, this appears to be a straightforward statement, but upon further examination one finds that it encompasses a broad range of items. Over 90% of documents produced by companies now are electronic. Older paper files have been converted to microfiche or PDF files. Add to this email, text messages, social media (yes, even the IRS has a Facebook page) and you have an idea of the amount of information that becomes this new term called “Big Data”. Terabytes of data will soon become petabytes of data. Are we ready? Are our students prepared for this new era? E-Discovery is a field that affects not only the lawyers, but the IT support staff, and how companies do business. In this talk you will be introduced to some of the new technology in the field such as predictive coding, forensic linguistics, and social media archiving. You will also be shown some of the new tools on the market that you can use in your classrooms to prepare your students and yourself for this fast evolving arena. What does a company need to do when a litigation hold is in place? What response needs to come from the legal staff, the IT support staff, the managers, and the average employee? How does this affect the BYOD (Bring Your Own Device) policies? Which comes first - employee privacy, freedom of information or corporate security? You will walk away from this talk with a methodology to incorporate this new topic into your curriculum. You will also be given ideas of how to make this affordable for your labs, what foundations your students need, and how to deliver this in a way that appeals to the business, IT or legal oriented student. This topic affects them all. Come and find out why this is something they need to be successful in tomorrow's market.
The presentation gives the basic idea on how internet is used as a powerful tool for education. In India UGC is the apex body for higher education. Also find information on INFLIBNET centre which is an Autonomous Inter-University Centre (IUC) of University Grants Commission (UGC) of India.
So you want to hear more information about this thing they call “cloud computing,” huh? Well many companies are moving business information and computing into a cloud environment, should law firms be there too? This ABA TechShow presentation covers some basic cloud computing concepts and certain risks and concerns that lawyers should consider before moving their law practice into the cloud.
For additional information on this presentation, please contact Antigone Peyton (antigone.peyton@cloudigylaw.com).
We're living in an age of devices and applications that push the boundaries of dreams, an age of instant gratification, but also the age of Digital Rights Management and Copyright laws. With questionably illegal modifications becoming simple enough for children to use, where does the line get drawn between squeezing more functionality out of your digital devices and software and breaking felony laws? In this talk attendees will explore the justifications and rationales behind the use of questionable hardware and software modifications and understand the mentality behind why their use is rapidly catching on in the general population.
E-Discovery: How do Litigation Hold, BYOD, and Privacy Affect You? - Course T...Cengage Learning
E-Discovery: How do Litigation Hold, BYOD, and Privacy Affect You? - Course Technology Computing Conference
Presenter: Amelia Phillips, Highline Community College
E-discovery is defined as “gathering electronically stored information (ESI) for use in litigation”. At first glance, this appears to be a straightforward statement, but upon further examination one finds that it encompasses a broad range of items. Over 90% of documents produced by companies now are electronic. Older paper files have been converted to microfiche or PDF files. Add to this email, text messages, social media (yes, even the IRS has a Facebook page) and you have an idea of the amount of information that becomes this new term called “Big Data”. Terabytes of data will soon become petabytes of data. Are we ready? Are our students prepared for this new era? E-Discovery is a field that affects not only the lawyers, but the IT support staff, and how companies do business. In this talk you will be introduced to some of the new technology in the field such as predictive coding, forensic linguistics, and social media archiving. You will also be shown some of the new tools on the market that you can use in your classrooms to prepare your students and yourself for this fast evolving arena. What does a company need to do when a litigation hold is in place? What response needs to come from the legal staff, the IT support staff, the managers, and the average employee? How does this affect the BYOD (Bring Your Own Device) policies? Which comes first - employee privacy, freedom of information or corporate security? You will walk away from this talk with a methodology to incorporate this new topic into your curriculum. You will also be given ideas of how to make this affordable for your labs, what foundations your students need, and how to deliver this in a way that appeals to the business, IT or legal oriented student. This topic affects them all. Come and find out why this is something they need to be successful in tomorrow's market.
The presentation gives the basic idea on how internet is used as a powerful tool for education. In India UGC is the apex body for higher education. Also find information on INFLIBNET centre which is an Autonomous Inter-University Centre (IUC) of University Grants Commission (UGC) of India.
Legal Research in the Age of Cloud ComputingNeal Axton
This presentation discusses the impact of the mass communication technologies including the Internet and Cloud Computing on the practice of law and legal research. This presentation was given the Advanced Legal Research class at William Mitchell College of Law in St. Paul, Minnesota of August 23, 2013 by Neal R. Axton, JD, MLIS.
In this Slide we are Covering a Meaning of Computer Ethics and and Common Issues of Computer ethics.
Ethics is a set of moral principles that govern the behavior of an individual or group of people.
Meaning-:
Computer ethics is the application of moral principles to the use of computers and the Internet. Examples include intellectual property rights, privacy policies, and online etiquette, or "netiquette
Legal Research in the Age of Cloud ComputingNeal Axton
This presentation discusses the impact of the mass communication technologies including the Internet and Cloud Computing on the practice of law and legal research. This presentation was given the Advanced Legal Research class at William Mitchell College of Law in St. Paul, Minnesota of August 23, 2013 by Neal R. Axton, JD, MLIS.
In this Slide we are Covering a Meaning of Computer Ethics and and Common Issues of Computer ethics.
Ethics is a set of moral principles that govern the behavior of an individual or group of people.
Meaning-:
Computer ethics is the application of moral principles to the use of computers and the Internet. Examples include intellectual property rights, privacy policies, and online etiquette, or "netiquette
Learning Objectives:
1. Understand how this unique, emergent form of evidence can be used for criminal investigations and civil litigation e-discovery.
2. Discover the DoJ memo to law enforcement uncovered by FOIA stressing why and how to use social media in criminal cases.
3. See social media evidence recovered from smart phones, personal computers, and the cloud.
4. Learn the ethics of social media evidence collection including what you can and cannot do, if you want to keep your license that is.
This training will help you navigate the copyright, fair use, and usage rights of including third-party content in your digital project. Whether you seek to embed video from other sources for analysis, post material you scanned from a visit to the archives, add images, upload documents, or more, understanding the basics of copyright and discovering a workflow for answering copyright-related digital scholarship questions will make you more confident in your publication. We will also provide an overview of your intellectual property rights as a creator and ways to license your own work.
The workshop was delivered over Zoom on November 10, 2020.
JTerm Day 2 - History, Definitions & StatsAndrew Hoffman
This presentation walks through some historic context for social media, definitions and relevant statistics. All of this content was for the purpose of raising awareness for scale and impact.
In this presentation we look at how law enforcement agencies around the world are using Social Media for Predictive, Proactive and Investigative reasons. We look at some best practice examples around the world and explored the role Social Media played in major world events like the UK Riots.
Presented by Kathy Phelan and Kanella Gougousis for the Australian Government Attorney-General's Department.
Jan 14 NISO Webinar
Net Neutrality: Will Library Resources be stuck in the Slow Lane?
About the Webinar
Net Neutrality is an issue that has been increasingly in the news, but it is something that has affected libraries for a lot longer. Many public libraries are in underserved communities where patrons may not have personal access to the internet, so the use of the public libraries' resources is critical for them. Without net neutrality, those public libraries may not be able to cost-effectively provide such Internet service. For the scholarly and academic communities, scholarly resources could be resigned to the slow lane of the net, if content providers and libraries don't have the resources to pay for the "fast lane." As resources increasingly go multimedia, requiring greater bandwidth, will libraries and content platform providers be saddled with taking on added costs to ensure reliable access?
Net neutrality begins with the basic idea that the Internet is a fair and democratic platform for all. Organizations such as the American Library Association, the Association of Research Libraries, EDUCAUSE, and Internet2, among others, have spoken out about the critical need for retaining net neutrality in the library, higher education, and research communities.
In this webinar, presenters will help define Net Neutrality, what could happen without it, and how it can impact public and academic libraries, and the wider information community.
Agenda
Introduction
Todd Carpenter, Executive Director, NISO
Network Neutrality Principles and Policy for Libraries & Higher Education
Larra Clark, Deputy Director, Office for Information Technology Policy, American Library Association
Network neutrality: The Public Library Perspective
Holly Carroll, Executive Director, Poudre River Public Library District
Academic Libraries and Net Neutrality
Jonathan Miller, Library Director, Olin Library of Rollins College
A presentation used in a Technology Fundamentals course that explains some issues, considerations, and tools used relating to social media in higher education
Similar to Litigators’ Tool Box: Social Media (2011) (20)
Kill the Dinosaurs, and Other Tips for Achieving Technical CompetenceAntigone Peyton
Dinosaur thoughts are pervasive, and dangerous to law firms and their clients. It's time to get technically competent--and kill those old risky practices. Welcome to the digital age.
A Litigator's Guide to the Internet of Things (IoT)Antigone Peyton
Connected objects are taking over the world. There's valuable information hiding in plain sight because of the Internet of Things. Are you ready for smart objects to take over your court case and become an eye witness in your trial?
Angel & Devil: Danger of Emerging TechnologiesAntigone Peyton
New technologies are a concern for all lawyers. This presentation by Antigone Peyton and Ivan Hemmans presented this on March 30, 2012 at the ABA Tech Show.
Social Media for Litigators was presented by Antigone Peyton and Ernie Svenson on Mar 29, 2012 at the ABA TechShow. It makes the point that social media is a powerful marketing tool that lawyers should also embrace because it helps them understand the implications of social media on their litigation practice.
A basic intellectual property presentation relating to patent, trademark, copyright, and trade secret issues at the Alexandria Small Business Development Center.
KIPO/KIPA Presentation: Direct Infringement (2010)Antigone Peyton
A basic overview of the U.S. patent law standards for direct infringement of a patent and a case study I’ve used to walk through those standards. This presentation was prepared for the Korean Intellectual Property Office and Korean Invention Promotion Association 2010 training program in Washington, DC.
For additional information on this presentation, please contact Antigone Peyton (antigone.peyton@cloudigylaw.com).
Spoliation Wars & Other ESI Highlights (2010)Antigone Peyton
So what has been happening in the world of electronic discovery in the litigation context? A lot. From spoliation wars and tragic misfiling of confidential information, to ethics issues involving cloud computing, this presentation is chock full of do’s and don’ts for lawyers dealing with electronic information.
For additional information on this presentation, please contact Antigone Peyton (antigone.peyton@cloudigylaw.com).
State of ICS and IoT Cyber Threat Landscape Report 2024 previewPrayukth K V
The IoT and OT threat landscape report has been prepared by the Threat Research Team at Sectrio using data from Sectrio, cyber threat intelligence farming facilities spread across over 85 cities around the world. In addition, Sectrio also runs AI-based advanced threat and payload engagement facilities that serve as sinks to attract and engage sophisticated threat actors, and newer malware including new variants and latent threats that are at an earlier stage of development.
The latest edition of the OT/ICS and IoT security Threat Landscape Report 2024 also covers:
State of global ICS asset and network exposure
Sectoral targets and attacks as well as the cost of ransom
Global APT activity, AI usage, actor and tactic profiles, and implications
Rise in volumes of AI-powered cyberattacks
Major cyber events in 2024
Malware and malicious payload trends
Cyberattack types and targets
Vulnerability exploit attempts on CVEs
Attacks on counties – USA
Expansion of bot farms – how, where, and why
In-depth analysis of the cyber threat landscape across North America, South America, Europe, APAC, and the Middle East
Why are attacks on smart factories rising?
Cyber risk predictions
Axis of attacks – Europe
Systemic attacks in the Middle East
Download the full report from here:
https://sectrio.com/resources/ot-threat-landscape-reports/sectrio-releases-ot-ics-and-iot-security-threat-landscape-report-2024/
Essentials of Automations: The Art of Triggers and Actions in FMESafe Software
In this second installment of our Essentials of Automations webinar series, we’ll explore the landscape of triggers and actions, guiding you through the nuances of authoring and adapting workspaces for seamless automations. Gain an understanding of the full spectrum of triggers and actions available in FME, empowering you to enhance your workspaces for efficient automation.
We’ll kick things off by showcasing the most commonly used event-based triggers, introducing you to various automation workflows like manual triggers, schedules, directory watchers, and more. Plus, see how these elements play out in real scenarios.
Whether you’re tweaking your current setup or building from the ground up, this session will arm you with the tools and insights needed to transform your FME usage into a powerhouse of productivity. Join us to discover effective strategies that simplify complex processes, enhancing your productivity and transforming your data management practices with FME. Let’s turn complexity into clarity and make your workspaces work wonders!
GraphSummit Singapore | The Future of Agility: Supercharging Digital Transfor...Neo4j
Leonard Jayamohan, Partner & Generative AI Lead, Deloitte
This keynote will reveal how Deloitte leverages Neo4j’s graph power for groundbreaking digital twin solutions, achieving a staggering 100x performance boost. Discover the essential role knowledge graphs play in successful generative AI implementations. Plus, get an exclusive look at an innovative Neo4j + Generative AI solution Deloitte is developing in-house.
PHP Frameworks: I want to break free (IPC Berlin 2024)Ralf Eggert
In this presentation, we examine the challenges and limitations of relying too heavily on PHP frameworks in web development. We discuss the history of PHP and its frameworks to understand how this dependence has evolved. The focus will be on providing concrete tips and strategies to reduce reliance on these frameworks, based on real-world examples and practical considerations. The goal is to equip developers with the skills and knowledge to create more flexible and future-proof web applications. We'll explore the importance of maintaining autonomy in a rapidly changing tech landscape and how to make informed decisions in PHP development.
This talk is aimed at encouraging a more independent approach to using PHP frameworks, moving towards a more flexible and future-proof approach to PHP development.
Epistemic Interaction - tuning interfaces to provide information for AI supportAlan Dix
Paper presented at SYNERGY workshop at AVI 2024, Genoa, Italy. 3rd June 2024
https://alandix.com/academic/papers/synergy2024-epistemic/
As machine learning integrates deeper into human-computer interactions, the concept of epistemic interaction emerges, aiming to refine these interactions to enhance system adaptability. This approach encourages minor, intentional adjustments in user behaviour to enrich the data available for system learning. This paper introduces epistemic interaction within the context of human-system communication, illustrating how deliberate interaction design can improve system understanding and adaptation. Through concrete examples, we demonstrate the potential of epistemic interaction to significantly advance human-computer interaction by leveraging intuitive human communication strategies to inform system design and functionality, offering a novel pathway for enriching user-system engagements.
UiPath Test Automation using UiPath Test Suite series, part 4DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 4. In this session, we will cover Test Manager overview along with SAP heatmap.
The UiPath Test Manager overview with SAP heatmap webinar offers a concise yet comprehensive exploration of the role of a Test Manager within SAP environments, coupled with the utilization of heatmaps for effective testing strategies.
Participants will gain insights into the responsibilities, challenges, and best practices associated with test management in SAP projects. Additionally, the webinar delves into the significance of heatmaps as a visual aid for identifying testing priorities, areas of risk, and resource allocation within SAP landscapes. Through this session, attendees can expect to enhance their understanding of test management principles while learning practical approaches to optimize testing processes in SAP environments using heatmap visualization techniques
What will you get from this session?
1. Insights into SAP testing best practices
2. Heatmap utilization for testing
3. Optimization of testing processes
4. Demo
Topics covered:
Execution from the test manager
Orchestrator execution result
Defect reporting
SAP heatmap example with demo
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
Unlocking Productivity: Leveraging the Potential of Copilot in Microsoft 365, a presentation by Christoforos Vlachos, Senior Solutions Manager – Modern Workplace, Uni Systems
The Art of the Pitch: WordPress Relationships and SalesLaura Byrne
Clients don’t know what they don’t know. What web solutions are right for them? How does WordPress come into the picture? How do you make sure you understand scope and timeline? What do you do if sometime changes?
All these questions and more will be explored as we talk about matching clients’ needs with what your agency offers without pulling teeth or pulling your hair out. Practical tips, and strategies for successful relationship building that leads to closing the deal.
UiPath Test Automation using UiPath Test Suite series, part 5DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 5. In this session, we will cover CI/CD with devops.
Topics covered:
CI/CD with in UiPath
End-to-end overview of CI/CD pipeline with Azure devops
Speaker:
Lyndsey Byblow, Test Suite Sales Engineer @ UiPath, Inc.
Transcript: Selling digital books in 2024: Insights from industry leaders - T...BookNet Canada
The publishing industry has been selling digital audiobooks and ebooks for over a decade and has found its groove. What’s changed? What has stayed the same? Where do we go from here? Join a group of leading sales peers from across the industry for a conversation about the lessons learned since the popularization of digital books, best practices, digital book supply chain management, and more.
Link to video recording: https://bnctechforum.ca/sessions/selling-digital-books-in-2024-insights-from-industry-leaders/
Presented by BookNet Canada on May 28, 2024, with support from the Department of Canadian Heritage.
Threats to mobile devices are more prevalent and increasing in scope and complexity. Users of mobile devices desire to take full advantage of the features
available on those devices, but many of the features provide convenience and capability but sacrifice security. This best practices guide outlines steps the users can take to better protect personal devices and information.
Alt. GDG Cloud Southlake #33: Boule & Rebala: Effective AppSec in SDLC using ...James Anderson
Effective Application Security in Software Delivery lifecycle using Deployment Firewall and DBOM
The modern software delivery process (or the CI/CD process) includes many tools, distributed teams, open-source code, and cloud platforms. Constant focus on speed to release software to market, along with the traditional slow and manual security checks has caused gaps in continuous security as an important piece in the software supply chain. Today organizations feel more susceptible to external and internal cyber threats due to the vast attack surface in their applications supply chain and the lack of end-to-end governance and risk management.
The software team must secure its software delivery process to avoid vulnerability and security breaches. This needs to be achieved with existing tool chains and without extensive rework of the delivery processes. This talk will present strategies and techniques for providing visibility into the true risk of the existing vulnerabilities, preventing the introduction of security issues in the software, resolving vulnerabilities in production environments quickly, and capturing the deployment bill of materials (DBOM).
Speakers:
Bob Boule
Robert Boule is a technology enthusiast with PASSION for technology and making things work along with a knack for helping others understand how things work. He comes with around 20 years of solution engineering experience in application security, software continuous delivery, and SaaS platforms. He is known for his dynamic presentations in CI/CD and application security integrated in software delivery lifecycle.
Gopinath Rebala
Gopinath Rebala is the CTO of OpsMx, where he has overall responsibility for the machine learning and data processing architectures for Secure Software Delivery. Gopi also has a strong connection with our customers, leading design and architecture for strategic implementations. Gopi is a frequent speaker and well-known leader in continuous delivery and integrating security into software delivery.
GraphSummit Singapore | The Art of the Possible with Graph - Q2 2024Neo4j
Neha Bajwa, Vice President of Product Marketing, Neo4j
Join us as we explore breakthrough innovations enabled by interconnected data and AI. Discover firsthand how organizations use relationships in data to uncover contextual insights and solve our most pressing challenges – from optimizing supply chains, detecting fraud, and improving customer experiences to accelerating drug discoveries.
GridMate - End to end testing is a critical piece to ensure quality and avoid...ThomasParaiso2
End to end testing is a critical piece to ensure quality and avoid regressions. In this session, we share our journey building an E2E testing pipeline for GridMate components (LWC and Aura) using Cypress, JSForce, FakerJS…
A tale of scale & speed: How the US Navy is enabling software delivery from l...sonjaschweigert1
Rapid and secure feature delivery is a goal across every application team and every branch of the DoD. The Navy’s DevSecOps platform, Party Barge, has achieved:
- Reduction in onboarding time from 5 weeks to 1 day
- Improved developer experience and productivity through actionable findings and reduction of false positives
- Maintenance of superior security standards and inherent policy enforcement with Authorization to Operate (ATO)
Development teams can ship efficiently and ensure applications are cyber ready for Navy Authorizing Officials (AOs). In this webinar, Sigma Defense and Anchore will give attendees a look behind the scenes and demo secure pipeline automation and security artifacts that speed up application ATO and time to production.
We will cover:
- How to remove silos in DevSecOps
- How to build efficient development pipeline roles and component templates
- How to deliver security artifacts that matter for ATO’s (SBOMs, vulnerability reports, and policy evidence)
- How to streamline operations with automated policy checks on container images
Sudheer Mechineni, Head of Application Frameworks, Standard Chartered Bank
Discover how Standard Chartered Bank harnessed the power of Neo4j to transform complex data access challenges into a dynamic, scalable graph database solution. This keynote will cover their journey from initial adoption to deploying a fully automated, enterprise-grade causal cluster, highlighting key strategies for modelling organisational changes and ensuring robust disaster recovery. Learn how these innovations have not only enhanced Standard Chartered Bank’s data infrastructure but also positioned them as pioneers in the banking sector’s adoption of graph technology.
FIDO Alliance Osaka Seminar: The WebAuthn API and Discoverable Credentials.pdf
Litigators’ Tool Box: Social Media (2011)
1. April 11-13, 2011
www.techshow.com
Litigators Toolbox:
Session Title
Social Media
Presenters
Presenters
Judge Herbert Dixon
Sharon {Name}
Nelson
Antigone{Name}
Peyton
PRESENTED BY THE
April 11-13, 2011
www.techshow.com
3. Social Media
• Internet forums
• Weblogs
• Social blogs
• Microblogging
• Wikis
• Podcasts
• Pictures
• Video
• Ratings
• Social bookmarking
April 11-13, 2011
www.techshow.com
4. Facebook Stats
• April 2011: Nearly 600 million active
Facebook users (50% daily users)
• Over 100 million w/public information
• Complete Facebook profile contains
over 40 pieces of information (+wall
posts & status updates)
• 2/3 of comScore s Top U.S. websites
integrated
April 11-13, 2011
www.techshow.com
5. Some Global User Stats
• Twitter – 190 million
• LinkedIn – 75 million
• Plaxo – 40 million
• MySpace – 65 million
April 11-13, 2011
www.techshow.com
6. Social Media: Advice For Clients
• The President s Advice:
Well, let me give you some very
practical tips. First of all, I want
everybody here to be careful about
what you post on Facebook, because
in the YouTube age, whatever you do,
it will be pulled up again later
somewhere in your life.
Obama warns U.S. teens of perils of Facebook, Sept.
8, 2009 (Reuters).
April 11-13, 2011
www.techshow.com
7. How Long Does It Last?
• Approximately forever, so THINK before you
post
• Twitter keeps all tweets
• April 14, 2010--Library of Congress
announced that it is acquiring entire public
archive of Tweets
• Facebook keeps posted info until deleted
items are overwritten
• You can t control what others do with your
posts/photos
April 11-13, 2011
www.techshow.com
8. Deleted Does NOT
Mean Deleted
• Computer forensics can recover data until
overwritten
• May exist on social media servers until
overwritten
• Someone else may have reposted or kept
the data (e.g., wayback machine )
April 11-13, 2011
www.techshow.com
9. Social Media In Court
• Criminal proceedings-
sentencing, alibi
• Evidence to discredit
witness/impeachment
• Investigation tool-
authorities, lawyers,
and jury consultants
April 11-13, 2011
www.techshow.com
10. The Power Of
Social Media Evidence
• American Academy of
Matrimonial Lawyers
– 80% of members have
seen a sharp increase in
SM evidence
– One in five cases now
involves FB evidence
– In the U.K. 1/5 of divorce
petitions cite FB
April 11-13, 2011
www.techshow.com
11. Regular Use Of Social Media
• Criminal law
• Employment law
• Personal injury law
April 11-13, 2011
www.techshow.com
12. Its Not Yours Only
• Privacy preferences give way to
liberal discovery rules in litigation
• Many rights are waived upon joining,
or by default settings
• Information may be subject to
subpoena
• Little to no expectation of privacy
• Leduc v. Roman (Quebec)-private
Facebook page still discoverable
April 11-13, 2011
www.techshow.com
13. Finding Evidence On Social
Networking Sites
• The old days: little privacy, you could mine at
will
• Today: the majority of people understand
privacy settings
• Always check – many accounts are still open
• A friend might always provide info
• Deception is obviously unethical (on the part of
the attorney or her staff)
• If someone else deceives (without your
involvement), it will probably come in
April 11-13, 2011
www.techshow.com
14. Social Media Ethics
• Phila. Bar Op. 2009-02 (3/2009)
• Lawyer had 3rd party send friend
request to adverse witness
• Lawyer cannot do that for purposes of
searching for otherwise private
information on Facebook page
• Rules regarding non-lawyer assistants
apply to third-party actions
• Concerns re: dishonesty, fraud, deceit
or misrepresentation
April 11-13, 2011
www.techshow.com
15. New York Bar Association
• (Sep. 24, 2010)
Ethics opinion
• Attorneys can
comb through
PUBLIC areas of
social media sites
April 11-13, 2011
www.techshow.com
16. Service of Process
• London High Court allowed service of a
court order to an anonymous blogger
over Twitter
• Australian court allowed service of a
default judgment through Facebook
• 9th Circuit ordered e-mail service
April 11-13, 2011
www.techshow.com
17. How To Get
Social Media Evidence
• Civil subpoenas were long honored
• Now ISPs are citing the ECPA and the
SCA and challenging subpoenas
• 18 U.S.C. Sec. 2702-2703 – can t
divulge the contents of e-mails or other
electronic records
• Some exceptions for law enforcement
April 11-13, 2011
www.techshow.com
18. What Are Contents?
• It should be the substance of a
message
• Attorneys have gotten odd responses
– Times of connections, IP addresses are
content
– When challenged SM sites have backed
down
April 11-13, 2011
www.techshow.com
19. Leading Case
• In Re Subpoena Duces Tecum to AOL, LLC, 550 F.
Supp. 2d 606, 2008 U.S. Dist. LEXIS 39349 (E.D.
Va. April 18, 2008)
• ECPA prohibits an e-mail service provider from
producing customer s e-mail in response to a civil
subpoena because it is not a disclosure exemption
under the Act
April 11-13, 2011
www.techshow.com
20. SCA vs. Social Media
• Crispin v. Christian Audigier, Inc.
(C.D. CA. May 26, 2010)
• First case to hold that SCA applies to
social networking sites
• Held that messages and comments
visible to a restricted set of users
were private
• Artist Crispin claimed Ds violated
copyright – Ds wanted all MySpace
and Facebook references to Ds
• Trying to fit facts into SCA (1986 law)
– a very bad fit
April 11-13, 2011
www.techshow.com
21. If You Sue…Your Life Is
An Open Book
• EEOC v. Simply Storage
Management (S.D. In.
May 11, 2010)
• Permitted discovery of all
relevant SM data whether
or not it was private
• EEOC had sued on
behalf of two women
claiming sexual
harassment
• Defendant employer
sought the info
April 11-13, 2011
www.techshow.com
22. Looking Ahead
• The information will
probably still be
discoverable and the
respondent will have to
provide it
• If they don t, attorneys
will ask court to compel
discovery
April 11-13, 2011
www.techshow.com
23. How to Subpoena
Facebook
• http://www.facebook.com/
help/?safety=law
• Facebook urges parties to
resolve their discovery issues
without involving Facebook
• Stored Communications Act, 18
U.S.C. § 2701 et seq. prohibits
disclosure of all but basic
subscriber info
April 11-13, 2011
www.techshow.com
24. FB & User Both Have Access
• Unless user has terminated account,
unknown how long data retained (was 90
days, believed to be less now)
• You must serve a valid California or
Federal subpoena on Facebook. Out-of-
state civil subpoenas must be
domesticated in California. Facebook s
registered agent for service of process:
Custodian of Records, Facebook, Inc.
c/o Corporation Services Company
2730 Gateway Oaks Drive
Suite100
Sacramento CA 95833
April 11-13, 2011
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25. What Does It Cost?
• $500 for each
account
• $200 for expedited
response
• 30 days response
time
April 11-13, 2011
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26. User Consent Forms
• Obsolete for Facebook, should work
for any other sites
• Pursuant to a Rule 34 request for
production of relevant, non-privileged
material
• Material produced to user or attorney
for review before production
April 11-13, 2011
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29. Downloading An Account
• Facebook will prepare download and
send a link via e-mail to the user
• All elements of the site – wall, photos,
etc. will download as a zip file
• User s counsel will screen for relevant,
non-privileged info prior to production
April 11-13, 2011
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30. Danger Of Spoliation
• Attorneys routinely advising
deletions (prior to litigation
holds)
• Client often deletes after
litigation holds
• Preservation of evidence letters
critical
• If spoliation suspected,
computer forensics may be
needed
April 11-13, 2011
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31. Preserving Social Media Evidence
• Generally less than perfect options
available
• Screenshot or PDF
• Someone will have to authenticate
• Can use GoToMeeting, CamStudio or
other programs to record the process
• Inexpensive to use third-party expert
April 11-13, 2011
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32. Evidentiary Issues
• St. Clair v. Johnny s Oyster & Shrimp,
Inc.
– Any evidence procured from the Internet is
good for almost nothing
• Lorraine v. Markel American Insurance
Co.
– Counsel must be prepared to deal with the
evidentiary issues associated with
admissibility
April 11-13, 2011
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33. Evidentiary Issues
• FRE 901
• 901(b)(1). Testimony of witness with
knowledge.
• 901(b)(3). Comparison by the trier of fact or by
expert witnesses with a specimen.
• 901(b)(4). Distinctive characteristics and the
like.
• 901(b)(7). Public records.
• 901(b)(9). Evidence produced as a result of an
accurate process or system.
April 11-13, 2011
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34. Evidentiary Issues
• FRE 902: SELF AUTHENTICATION
• Three of the rules have been used in
the courts to authenticate ESI:
• 902(5). Official publications.
• 902(7). Self-authentication by
inscriptions, signs, tags or labels.
• 902(11). Authentication of regularly
conducted business.
April 11-13, 2011
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35. Facebook Authentication
• Notarized declarations as
to validity provided (an
extra $100)
• But no witnesses for trial
or depositions
• Will notify user of
subpoena to allow time for
motion to quash
April 11-13, 2011
www.techshow.com
36. How Do You
Authenticate?
• Smart lawyers
– Requests for admission
– Stipulations
• Many courts have
common sense rule: If
the other side doesn t
object, it comes in
April 11-13, 2011
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37. Authentication
• Did you post this?
• Did you see this post?
• Context and content
can authenticate
• Expert testimony
• Computer forensics if
data was deleted
April 11-13, 2011
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38. Snitches Get Stitches:
U Know Who U Are!
• Griffin v. Maryland (Ct. of App. M.D. May
27, 2010)
• Murder case - D s girlfriend appeared to
threaten a witness on MySpace
• Site maintained under pseudonym
• Prosecution sought to intro to rehabilitate
witness who changed testimony
• Had photo of D and girlfriend
• Page referred to D as Boozy
• Court said site could be authenticated
from content and context
April 11-13, 2011
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39. Prosecutors Embracing
iJuror Social Media
• Cameron County TX
• Searching SM sites of
prospective jurors
• Googling them
• Keeping up with the
defense in jury
investigations
April 11-13, 2011
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40. Voir Dire Trends
• Wall Street Jrnl. (Feb. 22, 2011)-
Prosecution and defense lawyers
probing jury pool
– Religion
– Activities
– What TV they watch
– Opinions they hold
– But much is now private
– Useful to know that someone is
married and loves GLEE?
April 11-13, 2011
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41. Save the Date
ABA TECHSHOW 2012
March 29-31, 2012
Hilton Chicago
April 11-13, 2011
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