A Look at the Recent Amendments to the Federal Rules of Evidence Without question, the rise of digital media has revolutionized our world. It is currently estimated that Facebook has 1.5 billion daily users, and 2.3 monthly users. In any given minute, there are an estimated 347,222 people [...]
Read MoreA History of Social Media Evidence
State of Connecticut v. Eleck [2011] Unique Rules of Evidence for Digital Content? In this landmark case, it was established that a printout of social media evidence was deemed inadmissible, and the court established that while social media evidence does not require new rules of [...]
Read MoreAuthenticating ESI – Rule 901a
Lorraine v Markel American Insurance Company [2007] This landmark 2007 decision by leading eDiscovery juror, Justice Paul Grimm, discussed in great depth the admissibility and methods of authentication of ESI (Electronically Stored Information) and the standards and elements of the US Federal [...]
Read MoreInadmissibility of Social Media Printouts
United States v. Vayner 2014 2014 was a landmark year in establishing the admissibility and stance of screenshots and printouts of social media in litigation, with one of the more notable examples of this being the evaluation of a printout from the Russian equivalent of Facebook (VK.com) in United [...]
Read MoreThe Foundations of Digital Evidence
Re. Vee Vinhnee When traditional courts met with electronic evidence... The 2005 case of Re. Vee Vinhnee is, to this day, a leading case in the standards of admissibility of digital evidence in the courts, with its findings ever conclusive and integral to eDiscovery a decade later. In this [...]
Read MoreSocial Media Case Law – Admissibility of Online Evidence
Commonwealth v. Purdy [2011] Email, ESI and Electronic Communication: Admissibility of Evidence This early 2011 criminal case disputed the admissibility of emails as evidence, and the standards of authentication necessary for considering both email and content from social media as genuine [...]
Read MoreSocial Media Evidence – MySpace
Griffin v Maryland [2011] A History of Social Media Evidence - MySpace Content The case was one of the first landmark cases to address the admissibility of social media evidence in trials, in the form of a MySpace printout. In this murder trial, the defendant’s girlfriend (Jessica [...]
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