The document summarizes a presentation about social media and e-discovery. It discusses the prevalence of social media use, how social media is used in litigation, and challenges around collecting and authenticating social media data for legal cases. Key points include that over 1 billion people use Facebook, social media content is discoverable like any other electronic records if relevant to a case, and the Stored Communications Act places restrictions on directly subpoenaing social media data from third party providers. Methods discussed for collecting social media include taking screenshots, using download tools, and forensic collection software.
Program on social media nad mobile device management issues facing employers in 2013, including use of social media in the hiring process from recruiting to background checks; BYOD and other mobile device management policies; drafting social media policies in light of NLRB guidance and enforcement action and protecting your social media assets.
Privacy and Access to Information Law - Lecture 1James Williams
The first lecture from Law 3040X.03, Privacy and Access to Information Law. This lecture was given in January 2013 at Osgoode Hall Law School, York University. The rest of our slides are for students only.
Analyzing the Impact and Influence of Social Networking on E-Discovery StrategyHudsonLegal
Steve Green, Director of Strategic Planning & Development for Hudson Legal presents on the impacts (or lack thereof) of social media on e-discovery at the Marcus Evans 2nd Social Media Legal Risk and Strategy Conference, Jul 19-21, 2011
Program on social media nad mobile device management issues facing employers in 2013, including use of social media in the hiring process from recruiting to background checks; BYOD and other mobile device management policies; drafting social media policies in light of NLRB guidance and enforcement action and protecting your social media assets.
Privacy and Access to Information Law - Lecture 1James Williams
The first lecture from Law 3040X.03, Privacy and Access to Information Law. This lecture was given in January 2013 at Osgoode Hall Law School, York University. The rest of our slides are for students only.
Analyzing the Impact and Influence of Social Networking on E-Discovery StrategyHudsonLegal
Steve Green, Director of Strategic Planning & Development for Hudson Legal presents on the impacts (or lack thereof) of social media on e-discovery at the Marcus Evans 2nd Social Media Legal Risk and Strategy Conference, Jul 19-21, 2011
Public policy and online social networks: The trillion dollar zombie questionChris Marsden
26th Human Behaviour and the Evolution of Society conference
Workshop on Internet and Evolution of Society
Prof. Chris Marsden
University of Sussex School of Law
Lee Rainie, Director of Internet, Science, and Technology research at the Pew Research Center, presented this material on December 12, 2016 to a working group at the National Academy of Sciences. The group is exploring how to think about creating an academic discipline around "data science."
Socialize Conference Toronto 2012 - FaceBook Marketing: Adler Law Group
The use of social media for marketing and advertising purposes is one of the fastest growing areas for business and marketers. The advent of social media sites like Facebook, Twitter, LinkedIn, Google+ and others provides the opportunity for authentic interaction and engagement with customers. But with every technological development and opportunity, new legal and business risks present themselves. Understanding and minimizing these risks will help you maximize the opportunities.
A best practices approach to social media marketing involves having the company's philosophy, methodology, and guidelines captured in a comprehensive written policy that is clearly and regularly communicated to the employees, and regularly updated to keep abreast of new developments, opportunities and evolving legal guidance.
The State of Social Media (and How to Use It and Not Lose Your Job)Andrew Krzmarzick
Keynote address for the National Conference of State Legislatures (NCSL) Luncheon for Legislative Information and Communications Staff and National Association of Legislative Information Technology professionals on October 10, 2012.
Twitter On The Use of Social Media by Bargaining Unit and Non Union Employees...Now Dentons
This presentation looks at the different forms of Social Media, including Facebook, Blogging, Twitter, Blippy, Four Square and others. It reviews the caselaw dealing with social media in the course of employment, the dismissal of employees for "off duty" conduct, the expectation of privacy, social media policies and monitoring, developing a policy for your workplace and collective bargaining.
Surat Property World a real estate site to buy,rent,sell flats, plots, commercial, residential, bungalows, farmhouse, Row house, Dealer or consultant for property in Surat
The purpose of this article is to provide a quantitative analysis of privacy-compromising mechanisms on the top 1 million websites as determined by Alexa. It is demonstrated that nearly 9 in 10 websites leak user data to parties of which the user is likely unaware; more than 6 in 10 websites spawn third-party cookies; and more than 8 in 10 websites load Javascript code. Sites that leak user data contact an average of nine external domains. Most importantly, by tracing the flows of personal browsing histories on the Web, it is possible to discover the corporations that profit from tracking users. Although many companies track users online, the overall landscape is highly consolidated, with the top corporation, Google, tracking users on nearly 8 of 10 sites in the Alexa top 1 million. Finally, by consulting internal NSA documents leaked by Edward Snowden, it has been determined that roughly one in five websites are potentially vulnerable to known NSA spying techniques at the time of analysis.
Those implementing social media in local government agencies face a different set of challenges than private sector implementers. From agency culture to policy to terms of use agreements, the issues need to be identified and managed for successfully implementing these networks.
Why you need to focus on social networking in your companyActiance, Inc.
Social networking tools like Twitter, Facebook, LinkedIn and many others fill an important gap in electronic communication and information delivery, they allow the broadcast of information in ways not practical with email or other collaboration tools, while at the same time allowing a highly granular push and pull model of information delivery, such as rapid back-and-forth dialogue between employees, customers, etc. These tools can be used to build a brand or a company’s reputation, monitor perceptions about a wide range of issues, disseminate information, demonstrate industry expertise, and build brand loyalty. Social networking permits individuals to share information and companies to gain competitive advantage in ways not practical or possible with other tools.
However, social networking tools used in a corporate context also pose an enormous liability on a number of fronts.
The case for social media management and archivingActiance, Inc.
Social media offers a number of important benefits to both users and organizations that maintain a social media presence. For example, users benefit from the use of social media by having a ready source of current information, being able to share views, and partnering with like-minded individuals. Organizations benefit by building a following among current and prospective customers, gaining competitive advantage by being perceived as thought leaders, and sharing information in ways that would not otherwise be possible using conventional communication channels. Despite the many benefits of social media for both users and organizations, there are two primary risks associated with it:
• Users can send business records, confidential information or racially or sexually offensive content using social media tools in violation of the law, legal best practice or corporate policies.
• Users can generate content using social media that needs to be preserved according to corporate and regulatory retention requirements – but often is not.
Actiance whitepaper-ost-federal-unified-communicationsActiance, Inc.
Federal agencies must manage content in a manner that is consistent with the growing number of Federal regulations focused on information security and content retention. This includes the traditional content medium of paper, of course, but more recently, content sent electronically through email and instant messages.
Logikcull Webinar: Preventing the #1 Litigation Risk Logikcull.com
Security experts have a favorite saying: data is most vulnerable when it's in motion. Discovery, unfortunately, is a process of motion, where information and documents are shared between client, counsel, third-party service providers and opposing parties. Often, this data is exchanged on physical media (i.e. hard drives, DVDs) or through insecure methods like unencyrpted email. It's a risky, time-consuming and expensive process.
And with ShareSafe from Logikcull, it has been eliminated.
Logikcull webcast 'Discovery Malpractice Is At Your Doorstep'Logikcull.com
From privilege waivers to data breach, the threat of legal malpractice related to discovery and data handling is real and, despite relative silence on the issue, pervasive. Smart litigators who have a firm grasp of their discovery obligations can protect themselves, their practices, and their clients.
Public policy and online social networks: The trillion dollar zombie questionChris Marsden
26th Human Behaviour and the Evolution of Society conference
Workshop on Internet and Evolution of Society
Prof. Chris Marsden
University of Sussex School of Law
Lee Rainie, Director of Internet, Science, and Technology research at the Pew Research Center, presented this material on December 12, 2016 to a working group at the National Academy of Sciences. The group is exploring how to think about creating an academic discipline around "data science."
Socialize Conference Toronto 2012 - FaceBook Marketing: Adler Law Group
The use of social media for marketing and advertising purposes is one of the fastest growing areas for business and marketers. The advent of social media sites like Facebook, Twitter, LinkedIn, Google+ and others provides the opportunity for authentic interaction and engagement with customers. But with every technological development and opportunity, new legal and business risks present themselves. Understanding and minimizing these risks will help you maximize the opportunities.
A best practices approach to social media marketing involves having the company's philosophy, methodology, and guidelines captured in a comprehensive written policy that is clearly and regularly communicated to the employees, and regularly updated to keep abreast of new developments, opportunities and evolving legal guidance.
The State of Social Media (and How to Use It and Not Lose Your Job)Andrew Krzmarzick
Keynote address for the National Conference of State Legislatures (NCSL) Luncheon for Legislative Information and Communications Staff and National Association of Legislative Information Technology professionals on October 10, 2012.
Twitter On The Use of Social Media by Bargaining Unit and Non Union Employees...Now Dentons
This presentation looks at the different forms of Social Media, including Facebook, Blogging, Twitter, Blippy, Four Square and others. It reviews the caselaw dealing with social media in the course of employment, the dismissal of employees for "off duty" conduct, the expectation of privacy, social media policies and monitoring, developing a policy for your workplace and collective bargaining.
Surat Property World a real estate site to buy,rent,sell flats, plots, commercial, residential, bungalows, farmhouse, Row house, Dealer or consultant for property in Surat
The purpose of this article is to provide a quantitative analysis of privacy-compromising mechanisms on the top 1 million websites as determined by Alexa. It is demonstrated that nearly 9 in 10 websites leak user data to parties of which the user is likely unaware; more than 6 in 10 websites spawn third-party cookies; and more than 8 in 10 websites load Javascript code. Sites that leak user data contact an average of nine external domains. Most importantly, by tracing the flows of personal browsing histories on the Web, it is possible to discover the corporations that profit from tracking users. Although many companies track users online, the overall landscape is highly consolidated, with the top corporation, Google, tracking users on nearly 8 of 10 sites in the Alexa top 1 million. Finally, by consulting internal NSA documents leaked by Edward Snowden, it has been determined that roughly one in five websites are potentially vulnerable to known NSA spying techniques at the time of analysis.
Those implementing social media in local government agencies face a different set of challenges than private sector implementers. From agency culture to policy to terms of use agreements, the issues need to be identified and managed for successfully implementing these networks.
Why you need to focus on social networking in your companyActiance, Inc.
Social networking tools like Twitter, Facebook, LinkedIn and many others fill an important gap in electronic communication and information delivery, they allow the broadcast of information in ways not practical with email or other collaboration tools, while at the same time allowing a highly granular push and pull model of information delivery, such as rapid back-and-forth dialogue between employees, customers, etc. These tools can be used to build a brand or a company’s reputation, monitor perceptions about a wide range of issues, disseminate information, demonstrate industry expertise, and build brand loyalty. Social networking permits individuals to share information and companies to gain competitive advantage in ways not practical or possible with other tools.
However, social networking tools used in a corporate context also pose an enormous liability on a number of fronts.
The case for social media management and archivingActiance, Inc.
Social media offers a number of important benefits to both users and organizations that maintain a social media presence. For example, users benefit from the use of social media by having a ready source of current information, being able to share views, and partnering with like-minded individuals. Organizations benefit by building a following among current and prospective customers, gaining competitive advantage by being perceived as thought leaders, and sharing information in ways that would not otherwise be possible using conventional communication channels. Despite the many benefits of social media for both users and organizations, there are two primary risks associated with it:
• Users can send business records, confidential information or racially or sexually offensive content using social media tools in violation of the law, legal best practice or corporate policies.
• Users can generate content using social media that needs to be preserved according to corporate and regulatory retention requirements – but often is not.
Actiance whitepaper-ost-federal-unified-communicationsActiance, Inc.
Federal agencies must manage content in a manner that is consistent with the growing number of Federal regulations focused on information security and content retention. This includes the traditional content medium of paper, of course, but more recently, content sent electronically through email and instant messages.
Logikcull Webinar: Preventing the #1 Litigation Risk Logikcull.com
Security experts have a favorite saying: data is most vulnerable when it's in motion. Discovery, unfortunately, is a process of motion, where information and documents are shared between client, counsel, third-party service providers and opposing parties. Often, this data is exchanged on physical media (i.e. hard drives, DVDs) or through insecure methods like unencyrpted email. It's a risky, time-consuming and expensive process.
And with ShareSafe from Logikcull, it has been eliminated.
Logikcull webcast 'Discovery Malpractice Is At Your Doorstep'Logikcull.com
From privilege waivers to data breach, the threat of legal malpractice related to discovery and data handling is real and, despite relative silence on the issue, pervasive. Smart litigators who have a firm grasp of their discovery obligations can protect themselves, their practices, and their clients.
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The Dark Side of Social Media: Legal Issues
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This powerpoint covers the CLUE program (Client Legal Utility Engine) developed by Matthew Stubenberg, IT Director at Maryland Volunteer Lawyers Service. It also covers the TRACE program developed at Maryland Legal Aid. The programs discover unknown client issues by checking their information across a number of public databases. Currently it checks to see if you have an expungeable record, a water bill, and a current property tax.
SS236 Unit 8 Assignment Rubric Content 70 Points Do.docxaryan532920
SS236 Unit 8 Assignment Rubric
Content 70 Points
Does the learner demonstrate an understanding of unit learning
outcomes and course material? The Unit 8 Project includes the
following/answers the following questions:
• Were you surprised by the political ideology to which you
belong? Why or why not?
• What are the origins of that political ideology?
• What are your ideology’s prospects for future political
success? Do you anticipate that the percentage of adults/
registered voters aligned with the same political ideology as
you are likely to increase or decrease in the near future?
• How might this ideological group impact political parties
and elections?
• Support your answer(s) with information obtained from the
text and at least two academic sources.
• Does the paper meet the length requirement?
Style 15 Points
Does the learner express his or her thoughts and present his or her
own views in a reasoned manner? Does the learner include the
following components:
• An introductory paragraph with a thesis statement?
• Clearly written paragraphs with topic sentences, body of
evidence, a conclusion sentence?
• A conclusion paragraph?
Mechanics 15 Points
Does the writing show strong composition skills? Does the leaner
include the following components?
• An APA formatted paper that includes an APA reference
page?
• Are the sentences complete?
• Is the grammar correct?
• Is the spelling and punctuation correct? Is APA used
properly?
• Are there any typos?
Total 100 Points
Classification of Computer Crime
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1 The Computer as a Target
Crimes where the computer itself is the target include the denial of expected service or the alteration of data. In other words, the attack seeks to deny the legitimate user or owner of the system access to his or her data or computer. Network intruders target the server and may cause harm to the network owners or the operation of their business.
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1. Social Media and the Future of E-
Discovery
Bruce Malter, CEDS
General Manager,
Merrill Corporation
Chicago
2.
3. Presenter
• 23 years of technology-based experience in
professional services space
• Focus on litigation support and e-discovery
• Previously a solutions group leader at
Project Leadership Associates, where he
built and managed litigation support
practice
• Among first to earn Certified E-Discovery
Specialist credential
Bruce Malter, CEDS
General Manager
Merrill Corporation
4. • Overview of Social Media Today
• Current State in eDiscovery
• Case law
• Stored Communications Act (SCA)
• How to Collect
• What’s Next
• Questions
Agenda
5.
6.
7. Over 1 Billion Registered
Users
Over 100M Registered Users
Over 150 Other Social Media Websites
8. • Consumers continue to spend more time on social networks than on any other
category of sites—roughly 20 percent of their total time online via personal
computer (PC), and 30 percent of total time online via mobile.
• Total time spent on social media in the U.S. across PCs and mobile devices
increased 37 percent to 121 billion minutes in July 2012, compared to 88
billion in July 2011.
• Facebook remains the most-visited social network in the U.S. via PC (152.2
million visitors), mobile apps (78.4 million users) and mobile web (74.3 million
visitors), and is multiple times the size of the next largest social site across each
platform.
• 51% of people aged 25–34 used social networking in the office, more than any
other age group.
FACTS ON SOCIAL MEDIA
9.
10. FACEBOOK
STATS
• If Facebook were a country, it would be the
third largest in the world with its 1.2 billion
monthly active users.
(Behind China and India)
11. • Companies are on social media. They are interacting and connecting
with customers through Facebook, Twitter and blogs.
• In a study last year, numbers on the conservative side show that 65%
of Fortune Global 100 companies have active Twitter accounts, and
54% have Facebook fan pages. One third of these companies have a
blog.
This is how companies are doing
business today. With this presence
online comes legal obligations to
capture and save these
communications.
SOCIAL MEDIA IN THE WORKPLACE
12. When asked what challenges Corporate Counsel (EDD
management) will face in the future
• 23% of respondents cited managing mobile and social
networking data
• Cost control came in second at 18%
• New regulations (e.g., Federal Rules of Civil Procedure
amendments) 15%
BDO – October 2014
SOCIAL MEDIA IN THE WORKPLACE
13. “Social media content is like all other content that is
created by companies and individuals and is subject to the
same rules, laws and customs ... In e-discovery, there is no
difference between social media and electronic or even
paper artifacts. The phrase to remember is "if it exists, it is
discoverable.“ Gartner projects that half of all companies
will have been asked to produce social networking site
content in e-discovery requests by the end of 2013.”
Gartner VP Deborah Logan
SOCIAL MEDIA IN EDISCOVERY
14. Courts across the United States have now
made clear that discovery of social media is fair
game.
15. At the same time, courts have consistently
found that litigants will not be permitted to
engage in social media fishing expeditions;
rather, litigants will be required to show that the
sites likely contain relevant material.
16. SOCIAL MEDIA EDISCOVERY TO DATE HAS
TRADITIONALLY BEEN USED IN:
• Personal Injury
• Family (Divorce) Law
• Employment Law
• Intellectual Property
• Criminal
• Copyright
• Non-Compete
• Trademark
• Securities
• Breach of Contact
• Privacy breach
17. Charter Practices Int’l, LLC. v. Robb
2014 WL 273855 (D. Conn. Jan. 23, 2014)
• Breach of Contract
• Defendant failed to produce Facebook
communications relating to the breach, and the
court compelled production of the posts.
• http://www.natlawreview.com/article/social-
media-discovery-increasingly-important-
commercial-litigation (June 27, 2014).
RECENT CASE LAW
Ingrid & Isabel, LLC v. Baby Be Mine, LLC, et al
2014 WL 1338480 (N.D. Cal. April 1, 2014)
• Trademark Infringement
• Court compelled production of all customer
comments on Defendant’s Facebook and Twitter
accounts regarding the Belly Band as evidence of the
trademark infringement.
• http://www.natlawreview.com/article/social-media-
discovery-increasingly-important-commercial-
litigation (June 27, 2014).
18. SEC Netflix Investigation Report
• Netflix’s CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
• Drove Netflix’s stock price up because the
information had not yet been publicly
disclosed.
• The SEC clarified that companies are to
advise the investing public about the methods
of communication that they might use to make
such disclosures, including corporate web
sites, social media, blogs, or otherwise.”
• http://www.crowell.com/files/Data-Law-
Trends-Report-2014.pdf
RECENT CASE LAW
United States v. Hassan
742 F.3d 104, 132-34 (4th Cir. 2014)
• Finding Facebook pages self-authenticating as
certified domestic business records
• Government presented certifications from the
records custodians of Facebook and Google, verifying
that the evidence had been maintained as business
records in the course of regularly conducted business
activities.
• Then tracked the Facebook pages and accounts to
the mailing and email addresses of the purported
creators via IP addresses.
• The court found that this two-step process fulfilled
the requirements of Federal Rule of Evidence
902(11).
19. “ACLU-MN settles Facebook case with Minnewaska School District. School
forces Riley Stratton, 12 years old, to give her Facebook username and
password”
Patrick Snay Lost $80,000 Because Of His Daughter’s Facebook Post: “Mama
and Papa Snay won the case against Gulliver … Gulliver is now officially paying
for my vacation to Europe this summer. SUCK IT.”
Sheriff Goes On A Firing Spree Because Of Facebook “Likes”
This unnamed sheriff fired six of his workers for “liking” a Facebook page. Elections were
coming up, and the sheriff was upset that one of his employees liked his competitor’s
page.
The employees filed a suit against the sheriff, but the judge immediately dismissed it. The
case states, “It is the Court’s conclusion that merely ‘liking’ a Facebook page is insufficient
speech to merit constitutional protection.” It was overturned a few years later
RECENT CASES
20. THE STORED COMMUNICATIONS ACT (SCA)
18 U.S.C.§2702
• It was enacted as Title II of the Electronic Communications
Privacy Act of 1986 (ECPA).
• Federal law limiting the ability of Internet service providers to
disclose customer information.
• “(a)(1) a person or entity providing an electronic communication
service to the public shall not knowingly divulge to any person or
entity the contents of a communication while in electronic
storage by that service.”
• No exception for civil discovery subpoenas
http://www.americanbar.org/publications/blt/2014/01/01_d
ibianca.html
21. THE STORED COMMUNICATIONS ACT (SCA)
Party’s Obligation
• A responding party must produce relevant ESI within its
possession, custody, or control.
• SCA does not override the standard discovery process.
• A court can compel a party to execute an authorization
to release information associated with a user’s social
media account.
http://www.americanbar.org/publications/blt/2014
/01/01_dibianca.html
https://www.facebook.com/about/privacy/
22. THE STORED COMMUNICATIONS ACT
(SCA) 18 U.S.C.§2702
• Facebook’s Law Enforcement & Third Party Matters Policy:
• “Federal law does not allow parties to obtain account contents
(ex. messages, Timeline posts, photos) using subpoenas. See
the Stored Communications Act, 18 U.S.C.§2701 et seq.”
• Courts have not adopted a uniform approach to handling
requests for social network information.
http://www.americanbar.org/publications/blt/2014/01/01_dibianca.html
23. Crispin v. Christian Audigier, Inc.
717 F. Supp. 2d 965 (C.D. Cal. 2010)
• Plaintiff moved to quash subpoenas Defendant
served on 3rd party social media.
• Court held:
• As electronic communication
service (ECS) providers under
the SCA, they were
prohibited from disclosing.
• First case holding that some social network
information is protected from subpoenas under
the SCA
http://www.americanbar.org/publications/blt/2014/01/01_dibia
nca.html
http://associatesmind.com/2015/01/26/social-media-subpoena-
guide-2015-edition/
THE STORED COMMUNICATIONS ACT (SCA)
Case Law
Romano v. Steelcase Inc.
907 N.Y.S.2d 650, (Sup. Ct. 2010)
• Plaintiff claimed she was bedridden and
housebound, but her public Facebook posts
show her outside of the home.
• Defendant requested access to her private posts
• Court disregarded the SCA finding the request
within the scope of permissible discovery under
New York law.
24. • How do you go about seeking social
media data in e-discovery?
• What are the best practices for
authenticating this data?
• What kind of software is used to
preserve social media data?
25. 1. Print the page/screenshot
2. Download using Social Media Download tool
3. Software Applications
4. Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
26. 1. PRINT THE PAGE/SCREENSHOT
• Simple option
• Static printout of the page
• No metadata
• Similar to printing an email
• Not defensible
27. 1. PRINT SCREEN
Missing Text
Comments/Like
not showing
Video – can’t watch
More Below
Links Don’t
Work
Overall
Appearance
No Meta
Data
28. Downloading Your Info
How can I download my information from Facebook?
You can download your information from your settings. To download your information:
1.Click at the top right of any Facebook page and select Settings
2.Click Download a copy of your Facebook data below your General Account Settings
3.Click Start My Archive
Because this download contains your profile information, you should keep it secure and be careful when storing, sending or uploading it to any
other services.
Learn more about what info is included in your download. If you don't have a Facebook account, you can make a data access request.
More info
Get help for mobile apps and browsers
Last edited about 4 months ago
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Can I pick and choose which information I would like to download?
What security measures are in place to make sure someone else doesn’t download a copy of my information?
Learn more about what's included in your download.
2. USE SOCIAL MEDIA TOOLS
29. Downloading your Twitter archive
Downloading your Twitter archive to allows you to browse a snapshot of your Twitter information, starting with your
first Tweet.
To download and view your Twitter archive:
Go to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the
drop-down menu.
Click Request your archive.
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Once you receive the email, click the Go now button to download a .zip file of your Twitter archive.
Unzip the file and click index.html to view your archive in the browser of your choice.
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2. USE SOCIAL MEDIA TOOLS
30. PROS
• Easy to get content from your page in one click
• You get all of the content from your page going back to the beginning of
your timeline
• The media is placed into separate folders -- there are folders for all of
your pics, for videos, etc.
CONS
• You only can download YOUR page
• The output does not look like the page itself
• Chain of custody is not maintained
• No context
• Difficult to generate a recognizable output
2. USE SOCIAL MEDIA TOOLS
31. • Captures the entire webpage
• Automatically Captures Metadata
• Content in one cloud account
• Integrates with Litigation Tools like Relativity
• Data is collected and indexed from social media streams, linked content and websites
through APIs, webmail connectors and direct web navigation.
• Authentication
• Search Capability
• Production
3. SOFTWARE APPLICATION
32. Forensic Collection
• Thorough and Accurate
• Current technology allows for continuous collection
• Preserves metadata fields pertaining to specific service
• Time Consuming
• More Expensive
4. FORENSICS
33. ADMISSIBILITY
“…(a screen capture) fails to identify who retrieved the website
printout, when and how the pages were printed, or… the contents
of the website on a certain date”
Gerald L. Rushfelt, US Magistrate Judge
(Toytrackerz LLC v. Koehler)
34. Maryland Approach
Permissible methodologies for authenticating social media
evidence:
1. Testimony of the creator,
2. Documentation of the internet history or hard drive of
the purported creator's computer, or
3. Information obtained directly from the social networking
site
ADMISSIBILITY
Authenticating Social Media Evidence
35. ADMISSIBILITY
Authenticating Social Media Evidence
Texas Approach
"a proponent can authenticate social media evidence using
any type of evidence so long as he or she can demonstrate
to the trial judge that a jury could reasonably find that the
proffered evidence is authentic.”
Welcome everyone to this ACEDS Members Only webcast, Social Media and the Future of E-Discovery. I’m Robert Hilson of ACEDS and I’m joined today by one of the first people to earn the CEDS credential. I will introduce him in just a moment. I do want to tell you first about our upcoming conference.
We will be holding our 6th annual event from September 29 to 30 at the Gaylord National Resort in National Harbor, MD. A live certification prep course will precede the conference on the 28th. And we expect this to be our best show yet. We’ve announced a number of great speakers, including those you see on your screen. Earlier this month, we announced that retired US magistrate Judge Nan Nolan, who is now at JAMS, will be presenting, as well as Jeff Jacobson, the Director of the New Jersey Division of Law. They will join Judge Grimm, Judge Waxse, Judge Xavier Rodriguez and Judge Thomas Vanaskie among others. You can visit ediscoveryconference.com and learn more about the program and the topics we`ll cover. ACEDS members and CEDS get the best rates.
Alright, let’s get started. Our presenter today is Bruce Malter. Bruce is a general manager at Merrill Corporation in Chicago. He brings more than 20 years of litigation support and e-discovery experience to that position. An expert in project management, he previously worked at Project Leadership Associates, where he built and managed that company’s e-discovery practice. He has presented to ACEDS members many times, on webcasts and at our conferences, and we are very happy to have him back today.
Bruce, thanks for being here.
Before we get started, I do want to encourage everyone on the call to ask questions. I will be fielding them throughout the presentation.
Once you obtain the social media evidence, the question is “is it admissible in court?”
There is a split among the courts on the appropriate standard for admissibility. There are 2 approaches.
This is a higher standard than the TX Approach. Requires the proponent of evidence to offer proof that the posts are authentic.
Under the TX Approach, you do not have to necessarily prove the evidence is authentic, so long as a jury could reasonably find it authentic. Can use ANY form of verification available under the Rules of Evidence.