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White papers, articles, and videos on legal-grade web captures

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Social Media Collections for Legal Professionals: Best Practices

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Web Archives and the Wayback Machine: Valuable Source of Historical Online Content, Questionable Source of Admissible Evidence

Last Updated October 2023

Though it may seem contradictory, information on the web is both fleeting and permanent, unchangeable yet frequently and easily altered. The internet is filled with countless dormant websites and web pages that have not welcomed any traffic or modifications for years. Active pages may change from day to day with text and images tweaked, added, removed, or revised due to changing marketing priorities and search engine optimization – or for more nefarious reasons. However, the historical yet no longer active online content lives on.

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Authentication Methods

Last Updated October 2023

In today’s fast-paced digital world, where information is easily accessible with a few taps or clicks, it is important to confirm the reliability of the evidence. Unfortunately, digital evidence is especially susceptible to some types of manipulation, so it is important to ensure its validity using appropriate methods. In the practice of law, choosing the right authentication methods can impact the reliability and credibility of evidence presented in court, whether digital or tangible in nature.

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Capturing Online Evidence Before It's Gone (Specht v. Google)

Last Updated October 2023

As legal teams address the myriad aspects of a case, it can be easy to overlook the importance of securely capturing and preserving digital content, such as websites, social media sites, and online videos. After all, the evidence is publicly available, and even if it gets removed, there are tools such as the Internet Archive (also known as the Wayback Machine) that can demonstrate what a site looked like in the past – right?

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The Importance of Metadata and Affidavits for Admissible Digital Evidence

Last Updated October 2023

For digital content—such as websites, social media profiles, and YouTube videos—to be admitted as evidence at the summary judgment or trial stage, the process of collecting the evidence must be well documented. This involves recording and reporting all pertinent information, known as metadata, including the exact date and time of capture and the browser used.

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Admissibility Risks of Submitting Simple Screenshots as Evidence

Last Updated October 2023

When digital content—such as websites and social media sites—might be introduced as evidence in a case, legal counsel must ensure that the evidence is properly collected and authenticated under the relevant rules of evidence. Taking simple screenshots without authentication can result in the evidence being ruled inadmissible, putting the entire case at risk.

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Guide,

Best practices to capture web content for legal use

Last Updated October 2023

Whether collecting web content for due diligence or as evidence for use in court, the 6 best practices outlined in this report will help strengthen the security, admissibility, authenticity and efficiency of capturing social media, websites, videos, photos and more.

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