Page Vault Resources

Reconstructing The Digital Scene: Timelines In Social Media Litigation

Last Updated November 2023

In the ever-evolving digital landscape, social media plays a pivotal role in shaping personal and corporate communication. Yet, this vast digital interaction space is not without its legal complexities. With a staggering 95% of young Americans aged between 13 and 17 engaging in social media platforms like Facebook, Instagram, TikTok, YouTube, and LinkedIn, according to the Department of Health and Human Services, the legal ramifications are both vast and intricate. This blog post unpacks various aspects of social media litigation, from privacy and data management concerns to copyright and defamation issues. It offers a comprehensive overview of how these digital platforms are intertwined with legal challenges and the implications for the practice of law, particularly in evidence gathering and litigation.

Establishing Authenticity of Websites

Last Updated November 2023

Applying the rules of evidence to contemporary digital records can present a variety of complications. Admitting some types of evidence, such as government websites, can be straightforward. However, ensuring websites can be admitted can be difficult in many jurisdictions. Further, individual judges may sometimes take idiosyncratic approaches to the admissibility of websites and other forms of digital evidence, especially when they do not personally understand the technology involved. Simplifying the process for establishing the authenticity of websites can be helpful in ensuring that website evidence vital to a case is deemed admissible in court.

Capturing Instagram Social Media As Evidence

Last Updated November 2023

According to its parent company, Meta, Instagram has over 2 billion active monthly users. Not only individuals, but over 200 million businesses globally have Instagram accounts.  Pew Research states that over 70% of Americans between the ages of 18 and 29 use the platform, and finds that this generation is comfortable with sharing personal details and depictions of their lives on social media – including photos, interests, relationship statuses, videos, and much more. For many Americans, Instagram serves as a running record of their daily activities, providing a wealth of data to onlookers. Businesses rely on this user base for advertising by utilizing sponsored posts, engaging content, influencer partnerships, and Instagram Shopping features. For law firms, this data represents vital evidence that can alter outcomes of both civil and criminal cases.

The Ephermal Nature of Online Content: Why Timely Capture Matters

Last Updated November 2023

According to the American Sociological Association, online content has become instrumental in modern legal cases. One case study showed that 64% of judges used social media evidence to support “not guilty” verdicts in sexual harassment cases. Another study showed that out of 198 gang indictments involving social media evidence, 190 led to convictions. Not only is social media prominent in criminal cases, but also plays a critical role in civil cases. The fact that online content is such a major focus in modern legal cases should come as no surprise, as Pew Research estimates that about 70% of all Americans today use social media. Often, attorneys on both sides of a case race against one another to find, record, and file digital evidence. This is why timely capturing is so critical in the modern legal world.

Using Social Media at Trial

Last Updated October 2023

Some estimates say that as many as 4.5 billion people (Statista) are using social media in 2023. This number includes includes attorneys, parties in the midst of litigation, and even jurors.

Given the large amount of information that people generally share over social media, there is a trove of information you can learn about individuals who may be involved in deciding your upcoming case. Such information can reveal biases and connections to parties that the prospective juror might not otherwise admit to.

However, before you start doing “deep dives” on every social media account you can find that is linked to a potential juror or paying for individuals to harvest any data they can find, it is worth slowing down and considering the ethical ramifications of using jurors’ social media information at trial.

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.