Peer to Peer Magazine

P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | F A L L 2 0 1 8 69 What are some concerns attorneys must be aware of when dealing with social media? There are a lot of different types of content available, such as: chats, posts, external links and linked content. Consideration should be given to all types of content that may be relevant. There could also be additional accounts on a platform or other platforms that need to be considered. Some content, like embedded objects and objects with external links, may be difficult to collect. Additionally, social media platforms are frequently changing on the backend, resulting in changing challenges in collecting the data needed. Much like mobile phones, the social media world is a rapidly evolving segment of ESI. New platforms and changes to existing platforms impact what can or cannot be collected. Collection tools utilize published API's that platform developers are continually changing to meet the needs of subscribers and, of late, to plug security gaps. RF What are some the privacy issues that concern you when it comes to social media collection/review? The difference between public and private content needs to be discussed with clients, so that they understand what may or may not be available for collection. If private content is requested, a password will be required. Often data custodians are hesitant to provide unfettered access to social media accounts and want to be confident that collection is limited to only the relevant data and time period. RF The Elements You Need to Authenticate Will Drive the Choice of Tool and Approach At the end of the day, decisions about how to collect and produce social media evidence will turn on authentication. Authentication is always fact-specific, but courts generally agree the testimony alone of the person who downloads or prints social media is insufficient to establish authenticity. Today, anyone can put any content on the internet, and we all know the the web is not monitored for accuracy. Moreover, users with modest sophistication in any word processor could create a document that, when printed, appears exactly the same as a printed webpage would appear. A PDF or paper print of an alleged webpage can be easily defeated in the arena of authenticity. Conversely, social media discovery is not necessarily complex and expensive. Some social media sites offer account owners tools to capture some information from their accounts. Guidance can often be located in the support section of these websites. While this approach can satisfy evidentiary requirements in some matters, it likely cannot satisfy all requirements in all matters. Careful consideration of critical evidence and how it will be displayed, reviewed and produced will need to be made by stakeholders with subject matter expertise in evidence and social media collection. ILTA Derek Boor Derek Boor has provided service at Dentons US LLP for 17 years in Litigation Support. He started his career in Litigation Support as a data analyst and eventually moving into the Discovery Technology Services role overseeing the firms applications and data infrastructure. Derek has managed various projects ranging from document reviews of millions of documents to mergers and acquisitions of data into the Dentons environment. Derek has supported and had involvement in 80 remote locations across the US for arbitrations, meditations and trials. Janice Jaco Janice Jaco, ACEDS 2015 eDiscovery Person of the Year, is a senior eDiscovery Project Manager for boutique litigation powerhouse Keesal, Young & Logan. Janice's professional volunteer work includes extensive involvement in authoring LTC4's eDiscovery Core Competency, participation in ACEDS' CEDS Exam Standard Setting Exercise, and updating ACEDS' University online content. Janice is currently a member of ILTA's Litigation & Practice Support Content Team and recently completed the BARBRI Cybint courses in Cyber Protection and Intelligence.

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