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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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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Last Updated October 2023
Chain of custody is the record of preservation of evidence from collection to presentation in court. The goal of properly maintaining and documenting chain of custody is to show that the evidence presented to the court is the same as what was originally collected, and that the evidence was preserved without tampering or alteration. Web content is easily changed or deleted, and web evidence is difficult to subpoena. When evidence appears on the web, an accurate record of that evidence at that point in time should be made.
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Last Updated October 2023
Although the rise of social media networks and new computer advancements are revolutionizing the way web content information such as webpages, images or videos, is stored and collected, lawyers have been slow to adapt.
The rules and trends described in this guide will not only help attorneys, their firms, and their clients, stay ahead of the curve while not putting their law licenses at risk.
Highlights include:
Last Updated October 2023
According to Nielson’s Q1 2019 Audience Report, the average internet user spends 2 hours and 23 minutes on social media every day. If you work in copyright, trademark and patent infringement, personal injury, employment, or family law, you’re likely already aware of the incredible volume of content that people freely share online. So what do you do if you need to preserve this content for a case?
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Last Updated October 2023
With such an incredible amount of published webpages, websites and social media content, it can be a lot of work to sort out the content that is relevant in a legal case. However, once content is found, an attorney might ask whether or not it can be used as admissible evidence in court. The answer is likely yes, if it complies with the Federal Rules of Evidence, as well as web evidence collection best practices to strengthen its authenticity.
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