icac interactive media webinar - jan 31 2014 - slides webinars...jan 31, 2014 · •“internet...

NCJRL ICAC Webinar – Interactive Media January 31, 2014

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National Center for Justice and the Rule of Law ICAC Webinar Series

Interactive Media


Presenter

Don MasonFormer Associate Director, NCJRL

(Retired)

[email protected]


Let’s make this webinar“interactive”

Feel free to

contribute and participate


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Questions, Comments

• Feel free to email any time to:

[email protected]

(or to [email protected])

• Please include your phone number – In case it might be helpful to visit by phone

– Will not be shared with anyone else


Interactive Media


• Define terms

• Identify types of interactive media

• Describe major social media in U.S.

• Summarize ways social media are used

As time permits:

• Describe legal and ethical considerations

• Discuss basics of evidence collection and use

Objectives – Basic Overview


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Beyond Our Scope Today

• Dating sites

• How-to’s for online start-ups

• “Internet law” – e.g., IP, licensing, children privacy protection

• Pertinent labor and employment law

• Cyber bullying, “sextortion,” other online crimes facilitated by interactive media

• Misuse of social media in court


“Web 2.0”“Web 2.0”

• Interactive Internet communities

• Social networks

• Blogs

• Wikis

• Video or photo sharing sites

• Online role-playing games

• Virtual worlds


Technological (R)evolution

• “Web 2.0” or “The Next Frontier” passé

• Audience = one-way; not interactive, passive, watch, do not participate or share

• Community = two-way; interactive, social, communicate, participate and share

• Shift from "one-to-many" (or “one-to-one”) to "many-to-many"


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National Center for Justice and the Rule of Law ICAC Webinar Series10

Media


Media v. Interactive Media


Information being communicated: How the Internet works


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Information being communicated: How the World Wide Web works

http://www.commoncraft.com

Watch video online

Purchase & download on Kindle

Share video via Twitter or Email

Download Fact Sheet [PDF].

Written overview

Download transcript of video


Media to Interactive Media

• Word of mouth

• Newspapers

• Web

• Interactive media– Instant, amplified info from anyone


• E-mail

• File transfer protocol (FTP)

• Bulletin and message board systems

• Newsgroups

• Chat rooms


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•Web sites

• Web cams

• E- groups

• Instant messaging

• Peer-to-Peer Networks


•Interactive Internet communities•Social networks•Blogs•Wikis•Video or photo sharing sites•Online role-playing games•Virtual worlds


Evolution

• Mobile apps

• Rapidly evolving array of social media

• Changing usage statistics


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Benefits

• Communication

• Keeping in touch

• Job hunting

• Marketing; self-promotion

• Client service

• Community service

• Due diligence


Now Ubiquitous


Ramifications

• Plethora of data stored with third parties

• Shift from business or gov't entity having to seek info to having to sift through mountains of data willingly shared

• Creates new opportunities and new responsibilities– Examples: Teacher-rating sites, Commercial

site feedback (e.g., TripAdvisor or Yelp comments)


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Types – Platforms

• Owned– hosted community, blog, forum, etc.

– internal or external

• Rented– third-party community, social network, etc. --

Facebook, Twitter, Tumblr, LinkedIn

• Occupied– commenting, contributing, etc. (news site,

blog, other)


Social Media• Social Networking

• Social Photo and Video Sharing

• Blogs

• Wikis

• Newsgroups, Bulletin & Message Boards

• Chat rooms

• Instant Messaging

• E‐groups

• Virtual Worlds / Role Playing Games23


Look up old friends

Meet “friends of friends”

Share photos, videos, music

Join groups based on interest

Chat

Play games

Create and or join private groups

On a Social Network, You Can:


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User created

Open

Closed

Secret

Social Network Groups

Share info w/ groups of friends w/ common interests

Post Photos

Group chats in real time with other members

Collectively write and edit documents and notes

Communicate w/ members offline via group email address

Share info w/ groups of friends w/ common interests

Post Photos

Group chats in real time with other members

Collectively write and edit documents and notes

Communicate w/ members offline via group email address

Function


Users can create groups for purpose of trading CP

Powerful encryption tools

Share photos/videos while simultaneously chatting about them

CP rings on social networks can shelter members

Would-be members required to provide CP for admittance into group

Existing members must continue sharing CP to remain in good standing

Emphasis on media & content creation

Automatic uploading of photos

On-site photo editing

Advanced customization features

Drag and drop formatting enables users to create personal web pages


• Example of site for good overview

Types of Social Networks


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Facebook


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Still King of the Mountain


. . . for now


Losing ground among teens


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Global dominance



• Founded 2004, initially for college students

• 1.19 billion active users monthly (June 2013)

• More than 750 million access FB via mobile device each month

• 55% female; 45% male

• Average user age 41; has 229 friends

• 65% over 35

• Over 300 million photos uploaded every day


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• Driven by interest in connecting• Password-protected profiles

• Highly customizable privacy and visibility settings

• Also used for groups, events, messaging

• Individuals, businesses, nonprofits –anyone



• Founded 2006

• 140-character “tweets” – micro-blogging

• 55% of users female; 45% male

• 70% of users have some college education

• 72% between 18-49

• Membership growing rapidly

• 400 million tweets per day

• “Flash mobs” “Flashmob justice”


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• Started 2011

• Solid user numbers hard to find but usage growing quickly

• Some estimates: users 70% male; 30% female

• Largely tech-driven

• Circles and Hangout

• Google Authorship big reason for growth


• Largest professional social network

• More than 238 million users in more than 200 countries (Jan 2013)

• 50+ million endorsements every week

• Fastest growing demographic: recent college graduates (over 30 million)


• 5.7 billion professional searches conducted in 2012

• 78 million monthly unique visits

• One-third of visits come via mobile apps

• Good for networking, “Rolodex,” job hunting, recruiting


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• Began in 2005

• Used for sharing content

• Driver of online culture

• Springboard for Internet fame

• Over one billion unique visits each month

• Over 6 billion hours of video watched each month


• 100 hours video uploaded every minute

• More than one billion views each day via mobile devices

• Reaches more U.S. adults 18-34 than any cable network (per Nielsen)

• Thousands of channels making six figures annually


• Beta launched 2010

• For sharing and creating image collections for hobbies, style, businesses, etc.

• 70 million registered users; 20 million active monthly

• More than 50 million unique visitors each month

• 5 million “article pins” each day


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• Consistent with trend of sharing content via images and videos

• Photos, videos, and infographics

• “Consumers want visual content” (One survey found that, April to May 2013, “93% of most popular and engaging posts on Facebook were photos)

• Similar: Instagram and Tumblr


Blogging

• Estimated 31 million bloggers in U.S. alone

• Almost 87% of bloggers have been actively blogging for two years or more

• 57% of bloggers have more than one blog

• 60% of bloggers are men


Blog

• Maintained by an individual

• Free & simple to create: Blogger, Wordpress, Blogspot, etc.

• Public

Features

• Interactive –visitors can leave comments

• Regular entries of commentary & graphics

• Usually single page w/ links to archived posts

• Entries displayed in reverse‐chronological order

Types

• Personal

• Corporate

• By genre: Law, technology, gossip

Statistics

• Over 100 million active blogs

http://www.webdesignerdepot.com/2011/01/too‐many‐blogs/


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Forums

• Many features of “modern” social media began in forums – e.g., threads, discussions, private messages

• Made of various boards with threads of user comments and conversations

• Highly customizable

• Either private or public

• Can be hosted on nearly any website


Bulletin Board Services• Precursor to Chat rooms

• Text-based

• Internet connection not required

• Computer w/ modem dialed directly into computer hosting the BBS

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Bulletin Board Services• Host controls who is allowed on system

• Host can set different access levels within the BBS

• Once verified, user can upload & download files, read news, exchange messages, etc.

• Popularity declined once Internet included graphics, but BBS remain a tool in CP market

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Bulletin & Message Boards

• Anonymity

• Most require registration and username; some allow postings from non-users

• Some require invitations or approval


Chat Rooms

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Chat Rooms

• Online spaces where users communicate through text-based messages.

• “Virtual cocktail party”

• Strangers gather to flirt, argue about politics and sports, ask for advice, talk about shared hobbies and interests, or hang out.

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Chat Rooms

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• Setup by topic

• Usually requires registration

• Conversation is live and not saved, unlike message boards

• Private, side chatting is often possible

• Some allow attachments


Instant Messaging


Instant Messaging

• Instant Messaging often allows sharing of pictures and files

• IM can also combine use of microphones and webcams

• Instant Messaging is done between users that have approved each other

• Conversations can be saved or printed


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Online Photo Sharing

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Photos stored in “cloud.”

Visit Grand Canyon

Take photos w/

digital camera

Transfer photos to computer

Upload photos from

computer to website


Add titles to photos

Describe photos w/ “tags” or keywords

Grand Canyon, 2012 Vacation

When I want to view Grand

Canyon photos, click on

appropriate tag

The relevant photos are displayed.


But wait…that’s not all! Sharing your photos

User can set permissions on photos–Public: anyone can see photos

–Private:

• Only people you specify

• On some sites, “private” covers everyone on friends or contact list.

Create categories of people: only certain categories can see certain photos


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Other Features:

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• Some sites allow users to create groups based on common interests. Members can share photo tips, comment on photos, etc.

• EXIF (Exchangeable Image File Format) data might be included unless feature is disabled

– Camera used

– Time and date photo was taken

– Camera settings used for photo


• Owned by Facebook

• For creating and sharing photos and short videos

• Over 150 million active users monthly

• Over 55 million images posted per day

• Videos limited to 15 seconds

• Allows users to share images to other networks and via email


• Twitter product very similar to Instagramvideo

• Six-second looped videos created in the app, then shared on Twitter or other networks

• Standalone product for micro-blogging videos


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• Web- and mobile-based micro-blogging

• Allows users to publish (short) text, images, other content

• Public or private

• Users can follow and re-blog

• Over 140 million blogs

• Over 65 billion blog posts

• Now owned by Yahoo!


• Social news and content network

• The “front page of the Internet”

• Users able to submit either self-post or link

• Topics tend to vary wildly

• Community votes the post up or down, dictating its placement or proximity to the front page


Others predicted to be “huge” in 2014

• MySpace– Has gone through several makeovers

– Has popular iPhone app

• SnapChat– Mobile app

– Used to send “disappearing images”

– Turned down acquisition offers from major giants like Google and Facebook


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Uses by Law Enforcement

• Facilitate public communication– News releases; department updates; info

guides; crime tips

– Directly reach, engage, and interact with the community

• Distribute information on criminal activity and emergencies quickly– Crime alerts; weather updates; etc.



• Look for evidence of crimes

• Collect information for investigations– Content or non-content

•Postings, messages, images, etc.

•Aliases or nicknames

•Location information– IP log-ins

– Geotagging

•Contact information

•Known associates, friends



– Much of it publicly available (questionable expectation of privacy)

•Amazing what people post (pics with guns, gang signs, stolen property; boasts about their exploits, plans; etc.)

– Some collectible with legal process•SCA – Search Warrant, Order, or Subpoena

• Doubtful Fifth Am privilege

• But First Am challenges being raised


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• Determine whereabouts; establish motives; show relationships; support or refute alibis

• Monitor activities of probationers and parolees

• Deleted pages may still be recoverable

• Must be used with caution


Ethical considerations

• Judges friending attorneys on Facebook– “Judge DQ’d for Ex Parte Facebook ‘Friending’

of Litigant” – FindLaw’s Strategist blog Jan 28, 2014

• Judges tweeting– ABA position: Use good judgment and

common sense, to avoid appearance of impropriety


Ethical considerations

• Attorney and law firm marketing

• Attorney (or staffer) friending opposing party or potential witness for "discovery"


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Legal Trends

• Prohibiting use for background checks

• Banning teacher-student friending


Social Media as Evidence

• More frequently focus of CLE for both public and private sectors

• Discoverability

• Preservation and collection of evidence

• Relevance

• Hearsay

• Authentication


Authentication of Social Media Evidence


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Authentication

• Rule 901 - Evidence is what it is claimed to be

• Various ways to show– Testimony of witness with knowledge– Comparison– Distinctive characteristics

• In conjunction with circumstances• Direct or circumstantial evidence, or both

– Process or system – reliability and accuracy



• MySpace account used defendant’s name and hometown. Account had pictures of defendant.

• This was sufficient evidence to authenticate that the account belonged to the defendant.

Tienda v. State, 2010 WL 5129722 (Tex. Ct. App. 2010)



• The following circumstantial evidence was found sufficient:

• Page contained photos of Tienda

• A post contained info about murder victim and music at his funeral

• References to Tienda’s gang

• Posts referring to info Tienda knew

Tienda v. State, 358 S. W. 3d 633 (Tex. Crim. App. 2012)


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On the other hand …

Printout of MySpace profile pages not sufficiently authenticated where- State attempted authentication through lead

investigator’s testimony

- Contained photo of purported creator and Petitioner in embrace

- Contained user’s birth date, referenced her location, and identified her boyfriend by Petitioner’s nickname

Griffin v. State, 19 A.3d 415 (Ct.App. MD 2011)


GriffinMajority – “[P]otential for abuse and manipulation” of social networking sites by others, in particular, requires more- Describes other possible methods

Dissent – Cites federal decisions finding authentication proper “if a reasonable juror could find in favor”- Asserts majority’s concerns go to weight rather

than admissibility of the printouts


• New tools being developed and deployed for collection, hashing, and preservation– Aid in either criminal or civil cases

• Also note Judge Paul Grimm’s recent article:– “Authentication of Social Media Evidence,”

American Journal of Trial Advocacy, 36 Am. J. Trial Advoc. 433 (2013)



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Recap

• Terms, concepts

• Types of interactive media

• Examples of social media

• Uses of social media

• Selected legal and ethical considerations

• Evidence collection and use


Presenter

Don MasonFormer Associate Director, NCJRL

(Retired)

[email protected]


Upcoming Webinars(all at 12:00 Noon Central time)

• Motions to Suppress Statements/Passwords – February 19, 2014

• Overview of First Amendment Considerations in Child Pornography Cases – March 19, 2014

• Recent Developments in Search and Seizure in the Supreme Court Affecting Investigation of Technology Crimes – May 6, 2014

All to be presented by Prof. Thomas Clancy, Dir. & Research Prof., National Center for Justice and the Rule of Law


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Thank you for joining me!

Goodbye

And best wishes

icac interactive media webinar - jan 31 2014 - slides webinars...jan 31, 2014 · •“internet...

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