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Social Media Collections for Legal Professionals: Best Practices

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Why you need hash values and metadata for online evidence

Last Updated April 2024

One of the major challenges in handling digital evidence is the ease in which it can be altered, either intentionally or accidentally. Even simple actions like opening a file or copying a document can change its properties. Hash values mitigate this risk by providing a method to detect any changes. Similarly, metadata must be carefully preserved from the moment of capture to prevent any actions that could compromise the evidence’s reliability.

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Understanding the Canada Evidence Act for Social Media and Websites

Last Updated April 2024

Canada, like many jurisdictions, has specific regulations governing the admissibility of ESI, commonly referred to as the "Best Evidence Rule." The Canada Evidence Act (CEA) sets forth guidelines that are critical for legal professionals when handling electronically stored evidence (ESE) from social media platforms and websites. This blog post delves into these guidelines and shares best practices for navigating the evidentiary landscape of digital content in Canada.

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Presenting Web-Based Evidence in the Courtroom

Last Updated April 2024

Social media posts, videos, and website content continue to be a main source of evidence found in the courtroom. This blog post offers comprehensive insights into effectively presenting online evidence, from admission to final presentation, supported by the right technology.

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Preserving and Authenticating YouTube, TikTok and Other Online Videos in Court

Last Updated April 2024

In the rise of video use on social media, news websites, and across the internet, video platforms such as YouTube, TikTok, and others serve as vital sources of evidence. As a result, legal professionals face challenges in authenticating video content for use in court. This task requires an understanding of both technological and legal nuances.

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What Top Lawyers Do (and don't do) with Deepfakes in Court

Last Updated March 2024

It’s no surprise that artificial intelligence has entered the mainstream. The need for specialized skills or software previously required to manipulate and generate lifelike multimedia content such as photos or videos has been virtually eliminated. Known as deepfakes, these materials encompass audiovisual content that mimics the appearance or voice of individuals or events with high realism. Deepfakes have been used as a tool to manipulate political outcomes (such as a fabricated call from fake Joe Biden discouraging voters in New Hampshire from participating in the primary), create non-consensual deepfake pornography (in which pop star Taylor Swift was recently a victim), and pose as business leaders with an important announcement (Mark Zuckerberg announcing a change at Meta). The emergence of deepfakes presents a significant challenge in courtrooms, where the authenticity of evidence is key.

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The United States TikTok Ban and Its Implications for Legal Professionals

Last Updated March 2024

As the U.S. government deliberates over the national security concerns associated with TikTok, legal professionals across the country are keenly observing the unfolding situation. The potential ban on the popular social media platform not only raises questions about data privacy and cybersecurity but also significantly impacts the landscape of digital evidence and eDiscovery as a whole.

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