The quarterly publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/1048931
66 Do you have a questionnaire you use when a client calls asking about the correct steps that need to be taken to collect social media from multiple platforms (e.g., YouTube, Instagram, Facebook etc.) Consilio utilizes an "Electronic Discovery Checklist" when necessary to discuss data sources that may be relevant to a matter. A member of the Consilio Data collection team will inquire about the possible relevance of social media platforms to the matter. If helpful, the Consilio Team member may ask questions such as: • What specific platforms are utilized by the data custodian? • What specific content type is relevant? • Will public or private content be needed? • For non-public accounts, are user account credentials available? Counsel may need to ask questions, including: • What is the difference between public and private content? • What content type can be captured? • How quickly can the content be preserved? • What information is needed to begin the preservation? • What format(s) can the content be preserved and reviewed in? RF The client/account owner may ask questions, including: • Can the account password be changed prior to the preservation process beginning? • What content type will be preserved? • How much time will the preservation take? Do you have any quick tips for finding and using social media evidence? Are there any free or low cost apps on the internet that you suggest clients can use? Depending on the case, social media can play a significant role in an investigation. Whether it be on a computer or on a mobile device, Consilio has several tools or methods in its arsenal to identify, preserve and parse social media evidence. These tools offer the advantage of capturing metadata, logs and other useful information for evidentiary purposes. There are social media platforms that offer their own methods by which users can archive account content; however, not all information may be captured, and logging may not be an available option. Whenever possible utilize a third-party service provider to perform the data collections, who will be able to perform the data preservation in a manner that is defensible, and can also speak to the process in court, if necessary. Today, billions of people use social media platforms; evidence from these platforms can be utilized to establish a data custodian's activities and help to verify critical events in the case timeline. There are many websites (free and paid) that can be utilized to locate social media evidence. Many such sites can be found using an internet search. RF Robert Fried Senior Director, Digital Forensics & Expert Services, Consilio