Web Discovery Risk is Hidden
Under the Surface

Conducting web and social media investigations yourself may seem like an easy solution,
but it creates risks that outweigh the potential benefits.

Tap into the Social Web without the Ethical Violations

balancing act of web discovery risks
Web Discovery Risks Uncovered

The world wide web brings enormous evidentiary potential to the legal industry and has become increasingly more prevalent in U.S. courts. However, web discovery risks are widely unknown to legal professionals. and the ever-changing nature of the web creates many questions around privacy, regulations, and security.

As courts impose higher standards for authentication of online evidence, defensibility relies heavily on how it is collected, preserved, and produced in court. As the social web is readily available to us all, legal professionals must be mindful of internal activities that may impact web discovery processes.

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Ethical Concerns

Interacting with the subject, hacking social networks, and breaking client confidentiality are just a few examples of unethical behaviors which constitute conflicts of interest. Ethical Violations can easily be avoided with a trusted 3rd party provider.

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Did you know you could be tipping off the subject just by simply viewing their social media profiles?

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Chain of Custody

Today, there are over 200 million social media users (and counting) in the United States. Each of these individuals has the right to delete, edit, and privatize content on their profiles at any time, which is why preserving evidence and its chain of custody is so important.

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Waiting to begin the social media and web discovery process will cost you. Check out our post about the importance of being proactive.

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False Positives

Relying solely on automated tools to make web discoveries could lead to incorrect and uncorroborated evidence. Search algorithms do not have the ability to draw conclusions from unstructured data such as images and video.

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Incorporating human intelligence into the web discovery process is a crucial way to mitigate risk of false positives.

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web discovery risks quiz

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The SMI Aware Quiz allows you to measure your web discovery risks in less than 5 minutes. 

Take the quiz and schedule a time with one of our experts to discuss how SMI Aware can partner with your firm to manage those risks.

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