Download - Social media and the future of e-discovery
Social Media and the Future of E-Discovery
Bruce Malter CEDSGeneral Manager Merrill Corporation
Chicago
Presenterbull 23 years of technology-based experience in
professional services spacebull Focus on litigation support and e-discovery bull Previously a solutions group leader at
Project Leadership Associates where he built and managed litigation support practice
bull Among first to earn Certified E-Discovery Specialist credential
Bruce Malter CEDSGeneral ManagerMerrill Corporation
bull Overview of Social Media Today
bull Current State in eDiscovery
bull Case law
bull Stored Communications Act (SCA)
bull How to Collect
bull Whatrsquos Next
bull Questions
Agenda
Over 1 Billion Registered Users
Over 100M Registered Users
Over 150 Other Social Media Websites
bull Consumers continue to spend more time on social networks than on any other category of sitesmdashroughly 20 percent of their total time online via personal computer (PC) and 30 percent of total time online via mobile
bull Total time spent on social media in the US across PCs and mobile devices increased 37 percent to 121 billion minutes in July 2012 compared to 88 billion in July 2011
bull Facebook remains the most-visited social network in the US via PC (1522 million visitors) mobile apps (784 million users) and mobile web (743 million visitors) and is multiple times the size of the next largest social site across each platform
bull 51 of people aged 25ndash34 used social networking in the office more than any other age group
FACTS ON SOCIAL MEDIA
FACEBOOK STATS
bull If Facebook were a country it would be the third largest in the world with its 12 billion monthly active users
(Behind China and India)
bull Companies are on social media They are interacting and connecting with customers through Facebook Twitter and blogs
bull 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
When asked what challenges Corporate Counsel (EDD management) will face in the future
bull 23 of respondents cited managing mobile and social networking data
bull Cost control came in second at 18
bull New regulations (eg Federal Rules of Civil Procedure amendments) 15
BDO ndash October 2014
SOCIAL MEDIA IN THE WORKPLACE
ldquoSocial 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 discoverableldquo 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 2013rdquo
Gartner VP Deborah Logan
SOCIAL MEDIA IN EDISCOVERY
Courts across the United States have now
made clear that discovery of social media is fair
game
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
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
Presenterbull 23 years of technology-based experience in
professional services spacebull Focus on litigation support and e-discovery bull Previously a solutions group leader at
Project Leadership Associates where he built and managed litigation support practice
bull Among first to earn Certified E-Discovery Specialist credential
Bruce Malter CEDSGeneral ManagerMerrill Corporation
bull Overview of Social Media Today
bull Current State in eDiscovery
bull Case law
bull Stored Communications Act (SCA)
bull How to Collect
bull Whatrsquos Next
bull Questions
Agenda
Over 1 Billion Registered Users
Over 100M Registered Users
Over 150 Other Social Media Websites
bull Consumers continue to spend more time on social networks than on any other category of sitesmdashroughly 20 percent of their total time online via personal computer (PC) and 30 percent of total time online via mobile
bull Total time spent on social media in the US across PCs and mobile devices increased 37 percent to 121 billion minutes in July 2012 compared to 88 billion in July 2011
bull Facebook remains the most-visited social network in the US via PC (1522 million visitors) mobile apps (784 million users) and mobile web (743 million visitors) and is multiple times the size of the next largest social site across each platform
bull 51 of people aged 25ndash34 used social networking in the office more than any other age group
FACTS ON SOCIAL MEDIA
FACEBOOK STATS
bull If Facebook were a country it would be the third largest in the world with its 12 billion monthly active users
(Behind China and India)
bull Companies are on social media They are interacting and connecting with customers through Facebook Twitter and blogs
bull 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
When asked what challenges Corporate Counsel (EDD management) will face in the future
bull 23 of respondents cited managing mobile and social networking data
bull Cost control came in second at 18
bull New regulations (eg Federal Rules of Civil Procedure amendments) 15
BDO ndash October 2014
SOCIAL MEDIA IN THE WORKPLACE
ldquoSocial 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 discoverableldquo 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 2013rdquo
Gartner VP Deborah Logan
SOCIAL MEDIA IN EDISCOVERY
Courts across the United States have now
made clear that discovery of social media is fair
game
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
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
bull Overview of Social Media Today
bull Current State in eDiscovery
bull Case law
bull Stored Communications Act (SCA)
bull How to Collect
bull Whatrsquos Next
bull Questions
Agenda
Over 1 Billion Registered Users
Over 100M Registered Users
Over 150 Other Social Media Websites
bull Consumers continue to spend more time on social networks than on any other category of sitesmdashroughly 20 percent of their total time online via personal computer (PC) and 30 percent of total time online via mobile
bull Total time spent on social media in the US across PCs and mobile devices increased 37 percent to 121 billion minutes in July 2012 compared to 88 billion in July 2011
bull Facebook remains the most-visited social network in the US via PC (1522 million visitors) mobile apps (784 million users) and mobile web (743 million visitors) and is multiple times the size of the next largest social site across each platform
bull 51 of people aged 25ndash34 used social networking in the office more than any other age group
FACTS ON SOCIAL MEDIA
FACEBOOK STATS
bull If Facebook were a country it would be the third largest in the world with its 12 billion monthly active users
(Behind China and India)
bull Companies are on social media They are interacting and connecting with customers through Facebook Twitter and blogs
bull 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
When asked what challenges Corporate Counsel (EDD management) will face in the future
bull 23 of respondents cited managing mobile and social networking data
bull Cost control came in second at 18
bull New regulations (eg Federal Rules of Civil Procedure amendments) 15
BDO ndash October 2014
SOCIAL MEDIA IN THE WORKPLACE
ldquoSocial 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 discoverableldquo 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 2013rdquo
Gartner VP Deborah Logan
SOCIAL MEDIA IN EDISCOVERY
Courts across the United States have now
made clear that discovery of social media is fair
game
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
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
Over 1 Billion Registered Users
Over 100M Registered Users
Over 150 Other Social Media Websites
bull Consumers continue to spend more time on social networks than on any other category of sitesmdashroughly 20 percent of their total time online via personal computer (PC) and 30 percent of total time online via mobile
bull Total time spent on social media in the US across PCs and mobile devices increased 37 percent to 121 billion minutes in July 2012 compared to 88 billion in July 2011
bull Facebook remains the most-visited social network in the US via PC (1522 million visitors) mobile apps (784 million users) and mobile web (743 million visitors) and is multiple times the size of the next largest social site across each platform
bull 51 of people aged 25ndash34 used social networking in the office more than any other age group
FACTS ON SOCIAL MEDIA
FACEBOOK STATS
bull If Facebook were a country it would be the third largest in the world with its 12 billion monthly active users
(Behind China and India)
bull Companies are on social media They are interacting and connecting with customers through Facebook Twitter and blogs
bull 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
When asked what challenges Corporate Counsel (EDD management) will face in the future
bull 23 of respondents cited managing mobile and social networking data
bull Cost control came in second at 18
bull New regulations (eg Federal Rules of Civil Procedure amendments) 15
BDO ndash October 2014
SOCIAL MEDIA IN THE WORKPLACE
ldquoSocial 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 discoverableldquo 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 2013rdquo
Gartner VP Deborah Logan
SOCIAL MEDIA IN EDISCOVERY
Courts across the United States have now
made clear that discovery of social media is fair
game
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
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
bull Consumers continue to spend more time on social networks than on any other category of sitesmdashroughly 20 percent of their total time online via personal computer (PC) and 30 percent of total time online via mobile
bull Total time spent on social media in the US across PCs and mobile devices increased 37 percent to 121 billion minutes in July 2012 compared to 88 billion in July 2011
bull Facebook remains the most-visited social network in the US via PC (1522 million visitors) mobile apps (784 million users) and mobile web (743 million visitors) and is multiple times the size of the next largest social site across each platform
bull 51 of people aged 25ndash34 used social networking in the office more than any other age group
FACTS ON SOCIAL MEDIA
FACEBOOK STATS
bull If Facebook were a country it would be the third largest in the world with its 12 billion monthly active users
(Behind China and India)
bull Companies are on social media They are interacting and connecting with customers through Facebook Twitter and blogs
bull 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
When asked what challenges Corporate Counsel (EDD management) will face in the future
bull 23 of respondents cited managing mobile and social networking data
bull Cost control came in second at 18
bull New regulations (eg Federal Rules of Civil Procedure amendments) 15
BDO ndash October 2014
SOCIAL MEDIA IN THE WORKPLACE
ldquoSocial 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 discoverableldquo 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 2013rdquo
Gartner VP Deborah Logan
SOCIAL MEDIA IN EDISCOVERY
Courts across the United States have now
made clear that discovery of social media is fair
game
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
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
FACEBOOK STATS
bull If Facebook were a country it would be the third largest in the world with its 12 billion monthly active users
(Behind China and India)
bull Companies are on social media They are interacting and connecting with customers through Facebook Twitter and blogs
bull 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
When asked what challenges Corporate Counsel (EDD management) will face in the future
bull 23 of respondents cited managing mobile and social networking data
bull Cost control came in second at 18
bull New regulations (eg Federal Rules of Civil Procedure amendments) 15
BDO ndash October 2014
SOCIAL MEDIA IN THE WORKPLACE
ldquoSocial 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 discoverableldquo 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 2013rdquo
Gartner VP Deborah Logan
SOCIAL MEDIA IN EDISCOVERY
Courts across the United States have now
made clear that discovery of social media is fair
game
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
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
bull Companies are on social media They are interacting and connecting with customers through Facebook Twitter and blogs
bull 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
When asked what challenges Corporate Counsel (EDD management) will face in the future
bull 23 of respondents cited managing mobile and social networking data
bull Cost control came in second at 18
bull New regulations (eg Federal Rules of Civil Procedure amendments) 15
BDO ndash October 2014
SOCIAL MEDIA IN THE WORKPLACE
ldquoSocial 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 discoverableldquo 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 2013rdquo
Gartner VP Deborah Logan
SOCIAL MEDIA IN EDISCOVERY
Courts across the United States have now
made clear that discovery of social media is fair
game
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
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
When asked what challenges Corporate Counsel (EDD management) will face in the future
bull 23 of respondents cited managing mobile and social networking data
bull Cost control came in second at 18
bull New regulations (eg Federal Rules of Civil Procedure amendments) 15
BDO ndash October 2014
SOCIAL MEDIA IN THE WORKPLACE
ldquoSocial 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 discoverableldquo 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 2013rdquo
Gartner VP Deborah Logan
SOCIAL MEDIA IN EDISCOVERY
Courts across the United States have now
made clear that discovery of social media is fair
game
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
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
ldquoSocial 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 discoverableldquo 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 2013rdquo
Gartner VP Deborah Logan
SOCIAL MEDIA IN EDISCOVERY
Courts across the United States have now
made clear that discovery of social media is fair
game
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
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
Courts across the United States have now
made clear that discovery of social media is fair
game
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
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
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
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
SOCIAL MEDIA EDISCOVERY TO DATE HAS TRADITIONALLY BEEN USED IN
bull Personal Injury
bull Family (Divorce) Law
bull Employment Law
bull Intellectual Property
bull Criminal
bull Copyright
bull Non-Compete
bull Trademark
bull Securities
bull Breach of Contact
bull Privacy breach
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
Charter Practices Intrsquol LLC v Robb2014 WL 273855 (D Conn Jan 23 2014)
bull Breach of Contract
bull Defendant failed to produce Facebook communications relating to the breach and the court compelled production of the posts
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
RECENT CASE LAW
Ingrid amp Isabel LLC v Baby Be Mine LLC et al2014 WL 1338480 (ND Cal April 1 2014)
bull Trademark Infringement
bull Court compelled production of all customer comments on Defendantrsquos Facebook and Twitter accounts regarding the Belly Band as evidence of thetrademark infringement
bull httpwwwnatlawreviewcomarticlesocial-media-discovery-increasingly-important-commercial-litigation (June 27 2014)
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
SEC Netflix Investigation Report
bull Netflixrsquos CEO announced on his personal
Facebook account how many hours of
content had been streamed by customers the
prior month
bull Drove Netflixrsquos stock price up because the
information had not yet been publicly
disclosed
bull 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 otherwiserdquo
bull httpwwwcrowellcomfilesData-Law-Trends-Report-2014pdf
RECENT CASE LAW
United States v Hassan742 F3d 104 132-34 (4th Cir 2014)
bull Finding Facebook pages self-authenticating as certified domestic business records
bull 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
bull Then tracked the Facebook pages and accounts to the mailing and email addresses of the purported creators via IP addresses
bull The court found that this two-step process fulfilled the requirements of Federal Rule of Evidence 902(11)
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
ldquoACLU-MN settles Facebook case with Minnewaska School District School forces Riley Stratton 12 years old to give her Facebook username and passwordrdquo
Patrick Snay Lost $80000 Because Of His Daughterrsquos Facebook Post ldquoMama and Papa Snay won the case against Gulliver hellip Gulliver is now officially paying for my vacation to Europe this summer SUCK ITrdquo
Sheriff Goes On A Firing Spree Because Of Facebook ldquoLikesrdquo
This unnamed sheriff fired six of his workers for ldquolikingrdquo a Facebook page Elections were coming up and the sheriff was upset that one of his employees liked his competitorrsquos page
The employees filed a suit against the sheriff but the judge immediately dismissed it The case states ldquoIt is the Courtrsquos conclusion that merely lsquolikingrsquo a Facebook page is insufficient speech to merit constitutional protectionrdquo It was overturned a few years later
RECENT CASES
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
THE STORED COMMUNICATIONS ACT (SCA)18 USCsect2702
bull It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA)
bull Federal law limiting the ability of Internet service providers to disclose customer information
bull ldquo(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 servicerdquo
bull No exception for civil discovery subpoenas
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
THE STORED COMMUNICATIONS ACT (SCA)Partyrsquos Obligation
bull A responding party must produce relevant ESI within its possession custody or control
bull SCA does not override the standard discovery process
bull A court can compel a party to execute an authorization to release information associated with a userrsquos social media accounthttpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpswwwfacebookcomaboutprivacy
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
THE STORED COMMUNICATIONS ACT (SCA) 18 USCsect2702
bull Facebookrsquos Law Enforcement amp Third Party Matters Policy
bull ldquoFederal law does not allow parties to obtain account contents (ex messages Timeline posts photos) using subpoenas See the Stored Communications Act 18 USCsect2701 et seqrdquo
bull Courts have not adopted a uniform approach to handling requests for social network information
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtml
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
Crispin v Christian Audigier Inc
717 F Supp 2d 965 (CD Cal 2010)
bull Plaintiff moved to quash subpoenas Defendant served on 3rd party social media
bull Court held
bull As electronic communication service (ECS) providers under the SCA they were prohibited from disclosing
bull First case holding that some social network information is protected from subpoenas under the SCA
httpwwwamericanbarorgpublicationsblt20140101_dibiancahtmlhttpassociatesmindcom20150126social-media-subpoena-guide-2015-edition
THE STORED COMMUNICATIONS ACT (SCA)Case Law
Romano v Steelcase Inc907 NYS2d 650 (Sup Ct 2010)
bull Plaintiff claimed she was bedridden and housebound but her public Facebook postsshow her outside of the home
bull Defendant requested access to her private posts
bull Court disregarded the SCA finding the request within the scope of permissible discovery under New York law
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
bull How do you go about seeking social media data in e-discovery
bull What are the best practices for authenticating this data
bull What kind of software is used to preserve social media data
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
1 Print the pagescreenshot
2 Download using Social Media Download tool
3 Software Applications
4 Forensics
HOW TO COLLECT FROM SOCIAL MEDIA
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
1 PRINT THE PAGESCREENSHOT
bull Simple option
bull Static printout of the page
bull No metadata
bull Similar to printing an email
bull Not defensible
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
1 PRINT SCREEN
Missing Text
CommentsLike not showing
Video ndash canrsquot watch
More Below
Links Donrsquot Work
Overall Appearance
No Meta Data
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
Downloading Your InfoHow can I download my information from Facebook
You can download your information from your settings To download your information
1Click at the top right of any Facebook page and select Settings
2Click Download a copy of your Facebook data below your General Account Settings
3Click 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 dont have a Facebook account you can make a data access request
More info
Get help for mobile apps and browsersLast edited about 4 months ago
Was this answer helpful middot
Permalink middot Share
Can I pick and choose which information I would like to download
What security measures are in place to make sure someone else doesnrsquot download a copy of my information
Learn more about whats included in your download
2 USE SOCIAL MEDIA TOOLS
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
Downloading your Twitter archiveDownloading your Twitter archive to allows you to browse a snapshot of your Twitter information starting with your first TweetTo download and view your Twitter archiveGo to your account settings by clicking on the profile icon at the top right of the page and selecting Settings from the drop-down menuClick Request your archiveWhen your download is ready well send an email with a download link to the confirmed email address associated with your Twitter accountOnce you receive the email click the Go now button to download a zip file of your Twitter archiveUnzip the file and click indexhtml to view your archive in the browser of your choicePlease note It may take a few days for us to prepare the download of your Twitter archive
2 USE SOCIAL MEDIA TOOLS
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
PROS
bull Easy to get content from your page in one click
bull You get all of the content from your page going back to the beginning of
your timeline
bull The media is placed into separate folders -- there are folders for all of
your pics for videos etc
CONS
bull You only can download YOUR page
bull The output does not look like the page itself
bull Chain of custody is not maintained
bull No context
bull Difficult to generate a recognizable output
2 USE SOCIAL MEDIA TOOLS
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
bull Captures the entire webpagebull Automatically Captures Metadatabull Content in one cloud accountbull Integrates with Litigation Tools like Relativity
bull Data is collected and indexed from social media streams linked content and websites through APIs webmail connectors and direct web navigation
bull Authenticationbull Search Capabilitybull Production
3 SOFTWARE APPLICATION
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
Forensic Collection
bull Thorough and Accurate
bull Current technology allows for continuous collection
bull Preserves metadata fields pertaining to specific service
bull Time Consuming
bull More Expensive
4 FORENSICS
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
ADMISSIBILITY
ldquohellip(a screen capture) fails to identify who retrieved the website
printout when and how the pages were printed orhellip the contents
of the website on a certain daterdquo
Gerald L Rushfelt US Magistrate Judge(Toytrackerz LLC v Koehler)
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
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 creators computer or
3 Information obtained directly from the social networking site
ADMISSIBILITYAuthenticating Social Media Evidence
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
ADMISSIBILITYAuthenticating 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 authenticrdquo
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom
The next Generation and where Social Media eDiscovery is going
Social Media and eDiscoveryhellip
Contact Info
Bruce Malter312-386-2278
brucemaltermerrillcorpcom