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User Anonymity And Legal Accountability On Social Media

Last Updated March 2024

Per the Electronic Privacy Information Center, anonymity is a vital democratic concept, enabling individuals to participate in politics, disseminate ideas, express views, and practice spiritual beliefs without fearing public retaliation or government intervention. Maintaining anonymity online can be difficult, as the collection of identifying information is a common practice in social media and other digital industries, and the uses of that data, including redistribution to third parties, are often unclear. Digital surveillance can endanger the ability of a person to express themselves without someone knowing who they are and put them at risk of retaliation; on the other hand, one notable drawback of social media anonymity is the lack of accountability when freedom of expression is abused.

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Reconstructing The Digital Scene: Timelines In Social Media Litigation

Last Updated March 2024

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.

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empty jury duty seats for trial

Using Social Media at Trial - Jury Selection

Last Updated March 2024

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.

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Admissible Digital Evidence Panel Discussion

Last Updated March 2024

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Intellectual Property Law: Conquering Online Evidence

Last Updated April 2024

In the realm of intellectual property (IP) law, the significance of online evidence cannot be overstated. Websites and social media platforms serve as virtual treasure troves of valuable information crucial for protecting and defending clients' IP rights. However, despite the wealth of digital evidence available, many attorneys face challenges in effectively identifying, collecting, and preserving these ephemeral data types. The consequences of inadequate preservation methods can be dire, as evidenced by the exclusion of digital evidence in numerous IP cases in recent years.

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Social Media Collections: Best Practices

Last Updated March 2024

Someone asks you to “get everything” from a party’s social media presence. Where do you even begin?

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