As social media becomes increasingly embedded in personal and professional life, it has emerged as a critical source of electronic evidence in litigation. However, the unique characteristics of social platforms present novel challenges for forensic collection and authentication. This article examines the key considerations and best practices for handling social media evidence.
The Scope of Social Media Evidence
Social media platforms contain a wealth of potentially relevant evidence, including:
- Public posts, comments, and status updates
- Private messages and chat logs
- User profile information
- Friend/connection lists
- Metadata, including timestamps and GPS coordinates
- Deleted content that may be recoverable
- System logs and IP address information
The ephemeral nature of social media, combined with users’ ability to modify or delete content at will, makes proper preservation and collection essential.
Collection Methodology and Best Practices
Best practices include:
- Use specialized forensic collection software that:
- Captures metadata and system artifacts
- Maintains chain of custody
- Creates hash values to verify authenticity
- Preserves linked content and context
- Document the collection process, including:
- Date and time of collection
- Tools and methods used
- Privacy settings in place
- Identity of the collector
- Consider multiple collection points:
- Direct from user devices/accounts
- From corporate systems if workplace-related
- Through APIs, if available
- Via authorized account access
Authentication Challenges
Courts examine several factors to authenticate social media evidence:
- Account ownership verification
- Technical metadata consistency
- Distinctive characteristics and content
- Circumstantial evidence of authenticity
- Testimony of witnesses with knowledge
- Digital forensics analysis results
The ease of creating fake accounts and manipulating social media content requires practitioners to document authenticity thoroughly.
Challenges with Defendant Productions
Negotiating the ESI protocols for social media collection and production is critical. Even with proper negotiations, ILS has seen matters where the Defense Counsel will produce HTML pages saved as files containing thousands of content pages that will crash most tools when attempting to open the files. Additionally, some productions will not maintain parent-child relationships with files. These problems result in additional costs. Both scenarios require specialized parsing scripts to break up the different data categories and reestablish the parent-child relationships with attachments like photos and videos.
Conclusion
Social media forensics requires a careful balance of technical capability, legal compliance, and ethical considerations. Success depends on having a sound collection methodology and thorough documentation. As social platforms evolve, practitioners must stay current on technical developments and emerging legal standards.
Social media forensics will only grow in importance as these platforms become more deeply integrated into business and personal life. Organizations that develop robust capabilities now will be better positioned to meet future challenges in this dynamic area.
ILS Social Media Data Analysis Suite
Unlock powerful insights into social media user behavior with cutting-edge technology developed by ILS. Our suite goes beyond conventional data methods, offering:
- Multi-platform coverage (Facebook, Instagram, Snapchat, TikTok, YouTube)
- Intelligent data parsing
- Graphical illustrations of usage patterns
- Social media defendant production normalization
Key Benefits:
- Capture night-time vs. day-time activity
- Track usage increases over time
- Empower legal teams with critical usage patterns
- Ideal for Plaintiff’s counsel and subject matter experts seeking to build stronger cases.
Experience the future of social media analysis. Discover how our scalable, customizable solution can revolutionize your digital evidence handling.
Learn More
If you would like to learn more about social media eDiscovery, please feel free to contact us at sales@ilsteam.com.
About ILS
ILS is the nation’s preeminent Plaintiff-only eDiscovery provider with expertise in leveraging AI for eDiscovery.
We specialize in leveling the playing field for the Plaintiffs’ bar by providing high-quality discovery services to help clients win their cases. Our clients know that they are sharing their vital case strategies with like-minded professionals who are committed and passionate about getting justice for Plaintiffs.
We have worked on many of the country’s largest and most noteworthy litigations over the past decade, including Takata Airbags, Roundup, Social Media Victims, 3M Combat Earplugs, JUUL Vaping, Actos/Bladder Cancer, VW Diesel Emissions, Alex Jones – Sandy Hook, Opioids, and Philips CPAP, among many others.
ILS supports multiple leading platforms including Reveal, Everlaw, Merlin, Relativity, iConect, and Nebula.
Learn more at www.ilsteam.com.