Traditionally, proving the authenticity of a piece of digital evidence could be tricky, especially if opposing counsel was determined to keep it out of evidence. Legal teams would have no other option than to spend significant time and resources on providing a sponsoring witness who could testify to the authenticity.
We’ve mentioned before how important information governance is. However, with the sudden shift to remote work caused by COVID-19, having thorough systems and processes in place to manage information has proven more important than ever.
As with other social media platforms, like Facebook and Instagram, compliance and legal professionals often need to archive a Twitter account for official use.
When it comes to investigating potential fraud, modern social media platforms can be a tremendously useful resource. The reason for this is simple: a lot of us are active on social media these days—and we tend to share more than less. At the end of Q1 2020, Facebook reported 1.73 billion daily active users and 2.6 billion monthly active users, with around half of all social media site visits in the United States going to Facebook. Add Instagram’s 500-million daily active users—not to mention the 500 hours of video uploaded to YouTube every minute!—and you’re left with a lot of potential digital evidence.
As with other social media platforms, like Facebook and Twitter, organizations often need to archive their official Instagram accounts. In the public sector, this is usually to satisfy FOIA and Open Records recordkeeping requirements, while in the private sector, it is generally in preparation for a regulatory audit or legal matter. One recent example of a lawsuit related to a company’s use of Instagram is that of Teami, which was accused by the FTC of misrepresenting the health benefits of its tea.
As both government organizations and private-sector companies deal with the realities of a global pandemic—specifically the need to get crucial work done with a distributed, remote workforce—team collaboration tools are proving to be incredibly valuable.
The COVID-19 Pandemic has forced many organizations—both large and small—to quickly change the way they operate. As formal lockdowns and social distancing guidelines were published by governments all over the globe, companies were left to figure out how they can get the job done with a remote workforce.
There are many reasons why organizations need to keep accurate records of online data like website content, official social media accounts, corporate chat tools, and mobile text messages. For instance, the Freedom of Information Act (FOIA) and state-level Open Records laws demand that public-sector organizations keep accurate records of this information in order to respond to Open Records requests.
Every November, Oxford Dictionaries announces its Word of the Year (WOTY). And back in 2015, Oxford Dictionaries announced a WOTY winner that had many linguists throwing up their hands and proclaiming the end of human civilization. The Word of the Year was revealed as 😂. To be clear, the WOTY was not the word “emoji”; it was the actual Crying From Laughter Emoji.
With so many people active on social media these days, it’s hardly surprising that posts and comments on platforms like Facebook and Twitter often feature prominently during legal matters. This means that legal professionals have an obligation to protect relevant social media data from spoliation, but the challenges that come with these modern information sources extend far beyond willful destruction of evidence.
