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 MoreFacebook Circumstantial Evidence
Commonwealth v. Banas [2014] A History of Social Media Evidence: Facebook Circumstantial Evidence In this relatively recent case, the admissibility of social media evidence was disputed when the defendant was convicted of larceny, and during the original trial a screenshot from his Facebook [...]
Read MoreMetadata production vital to eDiscovery
Court highlights “particularized need” for production of Metadata.....(yet again). Metadata, as highlighted in previous posts, is the “data about data” and a key-witness to eDiscovery proceedings; providing multiple forms of information and evidence on ESI. Although metadata is [...]
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 MoreSOPIPA – Student Data Legislation
Innovation in Student Privacy: California’s Student Online Personal Information Protection Act. This latest piece of Californian data-protection legislation is aimed at minors, specifically students, and is highly unique and forward thinking in that it expressly restricts use of their [...]
Read MoreDigital Evidence: Metadata
Metadata is hidden information embedded in electronic files that notes the standard properties of the electronic file - providing you with data about data. Used for discovery, archival and organisational purposes, Metadata can provide essential, nonessential and contextual information about a [...]
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 MoreCybercrime Update: Instascamming
The Insta-Scam (and Instaspam components) is a relatively new cyber scam operated on social media and targeting users on mediums such as Instagram, Facebook and Twitter. The Traditional Insta-Scam Scammers post pictures on social media of free items, giveaways and high-end brands, encouraging [...]
Read MoreSpoliation Sanctions: Social Media Clean Up
Lester v. Allied Concrete [2014] In this rare instance, Virginia State fined an attorney $522,000 in spoliation sanctions for advising his client to “clean up” his Facebook account during litigation proceedings; deeming it to be the largest eDiscovery spoliation sanction to that point. A [...]
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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