The Frightening Power of Social Media Investigations

Transcription

1 The Frightening Power of Social Media Investigations Diana J. Koppang, Manager of Reference Services Chicago Association of Law Libraries October 29, 2014 The contents of these slides should not be construed as legal advice or a legal opinion on any specific fact or circumstance. The slides are intended for general purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have. Neal, Gerber & Eisenberg LLP 2010

2 Agenda Overview of Social Media Platforms Applicability of Social Media Data Search Strategy Capturing Findings Presenting Your Findings Social Media and the Law

3 Applicability of Social Media Data Litigation Detailed information on an individual or company that is a party to litigation Finding an individual for service of process Expert Witness due diligence Intellectual Property (particularly useful for trademarks and counterfeiting investigations) Evidence of use Time range of use Responsible individual or entity Geographic scope of use Employment Law Workers Comp. Litigation Truth of complainant s physical condition, seriousness of injury Family Law Evidence of behavior that violates orders of protection or other court prohibitions Criminal Law Evidence of criminal behavior, including admissions of criminal acts

4 Social Media Platforms (a non-exhaustive list) Facebook Twitter LinkedIn Ello Topix Forums YouTube Instagram Yelp Google+ Pinterest Flickr MySpace

5 Search Strategy Seek Key Data Points for Two Common Research Tasks: Information about an Individual and/or Information about a Company Particularly useful when investigating shady individuals or corporations Date account started First Post Last Post Location (brief information) and prior locations Affiliated companies or organizations Handle - to tie accounts together Photo (helps with age) Possible relatives or associates names

6 Finding/Investigating an Individual Data Needed to Narrow Your Search Location (current and past and relevant dates Age Relatives (parents are most useful) Affiliated Companies Professional Licenses

7 Data Points on LinkedIn Pages Places of Employment or Statements of Company Ownership/Leadership Roles Places lived in and when based on job history and education details Photo (estimate age) College Graduation Dates to Estimate Age Professional Licenses/Certifications

8 LinkedIn Research A Caveat Get what you can before logging in so that what you re capturing is publicly available. Show link at top of screen that makes it obvious you re not logged in. If you need to log in to view full profile, make sure you are using an anonymous account. Don t spook the target of your investigation.

9 In Champaign-Urbana from (roughly) In Chicago (area) from

10 Guess My Age!

11 Data Points on Facebook Pages Company Name Places lived in and years based on job history and education details Photo (estimate age) Education Graduation Dates to Estimate Age Likes List might lead to other investigation ideas

12 Click on Photo Possible Relatives or Associates Maybe their profiles are not locked down???

13 Facebook Which of these people (Sorry, Bob) looks old enough to be my parent?

14 Next steps advance your search Combine names to advance your search: Google: bob carignan diana koppang No useful results. Google: carignan diana koppang Another connection appears

15 Another connection found Obituaries can be a great (but sad) source of information. But beware - obituary aggregators may list inaccurate information.

16 Data Points on Twitter Pages Twitter Handle (may be common to their other social media profiles) Blog/Company Name and URL Join Date First and Last post dates (trademark use) Location (current general location) Someone with same last name (click through to their profile and tweets) Tweets about significant events in their life (marriage, deaths, job changes)

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18 Any connection

19 dianalawlib probably used as a handle on other sites or as an prefix

20 Capturing Your Findings Convert to PDF v. Browser Print Check the file is it readable? Is it date & url stamped (identify the source) If possible, use permalink (usually click on date to open permanent link) Capture early & often! Tomorrow (or in 5 minutes) it may be gone.

21 Finding Permanent Links Twitter & Facebook Click on Date Capture this Page Date Stamped & URL

22 Capturing Full Twitter & Facebook Pages Load all posts by scrolling down (and scrolling, and scrolling ) Website capture will only grab what s loaded.

23 Presenting Your Findings Track your path in a separate document more detailed than your final narrative. Keep this for ongoing investigations or possible affidavits. Trim this down to the essential information for your narrative (omit dead ends). Does your narrative accurately and easily describe your research path? Use links and images.

24 Presenting Your Findings Always assume your will be delivered to the client without edits by the attorney. Don t make jokes (no matter how entertaining the Tweets or Facebook photos may be). Don t wander from the purpose of the investigation. Gather specific data findings at the top of the . Then give narrative for further details. Don t forget to add caveats if you re not 100% sure of your conclusions.

25 Social Media and the Law Ongoing Issues Stay Informed! Social Media and E-Discovery Social Media as Evidence Authentication Issues Social Media Posts Do They Require a Search Warrant? Social Media and Service of Process This Has Really Happened!

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27 Questions?

28 Contact Information Diana Koppang, Manager of Reference Services Direct: (312)