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Social media platforms represent a potentially rich source of information for online discovery. If conducted ethically, social media collection in the process of discovery is entirely legitimate. However, the 2019 Robertelli Majority case serves as a cautionary warning against the temptation to skirt the rules. During that case, many attorneys were unaware of the rules governing social media evidence collection – but in 2022, ...
Legal depositions aim to establish timelines and a narrative. Given that, if you enter a deposition without one of SMI Aware’s Deep Reports, you are not fully prepared.
A Deep Report, as early in the process as possible, helps to establish a timeline of social media posts before a person might decide to take something down or edit themselves.
We argue for a three-pronged approach to deposition preparation: Ahead of Time, ...
Admitting social media and deep web findings into evidence is not difficult, but it does require ethical considerations and prompt action. You need to ensure that you have:
Verified the creation and ownership of the content with a witness,
Collected and preserved the content promptly and ethically to safeguard against deletions and alterations,
Gathered relevant electronic device records that correspond to the social media content, ...