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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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

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

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

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

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

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

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 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 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

Social Media and eDiscoveryhellip

Contact Info

Bruce Malter312-386-2278

brucemaltermerrillcorpcom

Contact Info

Bruce Malter312-386-2278

brucemaltermerrillcorpcom