#SPEC9. The Wild, Wild West Websites and Social media in Ediscovery
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1 #SPEC9 The Wild, Wild West Websites and Social media in Ediscovery
2 Presenters Julie Brown, Moderator Litigation Technology Manager, Vorys, Sater, Seymour and Pease Rodney Holaday Partner, Vorys, Sater, Seymour and Pease Andy Keck Director of Technology, ProFile Discovery
3 The Legalities of Social Media Discovery Practice Areas Discoverability of Social Media Acquisition & Authentication Other Uses of Social Media
4 Practice Areas Employment Workers Compensation Personal Injury (products liability) Family Law Defamation/Libel Trade Secrets/Disclosure Securities
5 Discoverability Preservation Ethics issues Scope of discovery of social media
6 Acquisition and Authentication How to legally acquire social media evidence Establishing legally acceptable process Authentication of social media evidence Establishing e-discovery technician as an expert?
7 Other Uses of Social Media Witnesses Social Media Jurors Social Media? Judge s Social Media?
8 Statistics
9 Number of Users
10 Volume of Data
11 Social Media
12 The future looks bright
13 Tour of E-discovery Tools and Processes Scenario 1 FaceBook Scenario 2 LinkedIn & Twitter Scenario 3 Website Capture Scenario 4 High Profile, High Risk Scenario 5 - Webmail
14 Scenario 1 Facebook Part 1 Prior to seeking formal discovery of Plaintiff s social networking accounts, Defendant did a search and found information on Plaintiff s public Facebook profile that was relevant to the case. Plaintiff subsequently changed her account settings, however, rendering the information inaccessible by the defendant.
15 FACEBOOK Activity Log
16 Activity Log
17 Scenario 1 Facebook Part 2 The court granted Defendant s motion to compel production of the contents of Plaintiff s Facebook account from April 2007 through the present and ordered that the contents be uploaded to an external storage device and produced to defense counsel for review and identification of discoverable materials.
18 Options for Collection
19 FACEBOOK ARCHIVE CONTENTS
20 FACEBOOK ARCHIVE CONTENTS
21 FACEBOOK ARCHIVE CONTENTS
22 FACEBOOK ARCHIVE CONTENTS
23 FACEBOOK Fields
24 X1
25 X1
26 X1
27 X1
28 X1 Production Tracking
29 Total Discovery Accessed DateTime; ATTACHMENT; AUTHOR; BCC; BEGNO; ENDNO; CC; COMMENTS; COMPANY; CREATIONDATE; DOCDATE; TITLE; DOCTYPE; FOLDER; SUBJECT; FILEPATH; FROM; HEADER; MESSAGEID; KEYWORDS; PRINTDATE; MODDATE; TO; ENTRYID; TEXT
30 Facebook Don t forget the local drive
31 Facebook Artifacts (Forensics)
32 Abstract
33 Facebook Artifacts
34 Location of Facebook artifacts
35 Tested Browsers
36 Scenario 2 LinkedIn & Twitter Plaintiff is 55 years old and is fired by employer. Employer states it was based on performance issues. Plaintiff files suit against employer for age discrimination. Plaintiff is an avid user of Twitter and LinkedIn. Employer/defendant requests a copy of plaintiff s social media sites. Plaintiff attorney printed off all of plaintiff s Tweets to pdf and provided a screen shot of plaintiff s linked in page.
37 MHT File (Total Discovery)
38 MHT Files (X1)
39 Load Files (Total Discovery)
40 Load Files (Total Discovery)
41 Load Files (X1)
42 Load Files Twitter (X1)
43 DOCID EndDoc BegDoc BegAttach EndAttach AttachIDs family_id Md5 uri Cnctrtype Ingestionbuild Metadata Fields Twitter (X1)
44 Metadata Fields Twitter (X1) istatus; link_fetch_status; ingestion_time; x1tag; AttachCount; ParentID; x1ee_document_id; ExportPath; ContentName; ContentSize; name; #page_video; #page_md5; #page_image; #html_source; usernotes; useridentifier; handle; content; body; links; userid; dmrecipient; home_timeline; direct_message; mentions; hashtags; saved_search; list; locstream; location_geo_long; location_geo_lat; location_description; location_geo; in_reply_to_status_id; in_reply_to_screen_name; in_reply_to_user; reply; retweet_user_screen_name; retweet_user; dup_retweet; retweet_id; retweet; favorite; profile_image_url; client; date_created
45 Scenario 3 Website Capture Company A received a request to preserve a website. What tools should they consider?
46 Scenario 3 Website Capture ISO Web ARChive (WARC) Standard for web content collection. WARC standard developed by the International Internet Preservation Consortium (IIPC) SAS 70, ISO 27001, ITAR/EAR & ISO 9001
47 WARC ISO 28500
48 WARC FILES Forensically sound Files captured are stored unchanged in WARC files (ISO standard) Ability to capture dynamic content Native file collection is standard in e-discovery and regulatory compliance Integration with e-discovery and compliance tools leverages your investments in existing systems and workflows
49 Native Format v Image Format
50 Native Format v Image Format
51 Different Collection Methods
52 Types to Consider
53 Hanzo Load Files
54 Hanzo Metadata Facebook Document ID; Group Identifier; SRCID; WARCFILE; WARCSUM; File Description; File Title; URL; File Date Created; File Date Modified; Plan; Profile; Archive Unit; Crawl Name; Extracted Text; TEXTSUM; Native Link; SHA1 HASH; File Extension; File Name; File Size
55 Hanzo Metadata Facebook
56 Hanzo PDF & Native
57 Scenario 4 High profile case, high risk case Attorney comes to you and requests that you begin capturing 3 websites daily in a very high profile/high risk case. The attorney is adamant about 3 things: 1. All data on the site must be captured each day. 2. The data must be admissible in court. 3. The attorney must be able to easily present this information in court.
58 High profile case, high risk case: Solutions
59 Scenario 5 - Webmail Request to collect Yahoo and Gmail account. What tools would you use? What works well? What doesn t work well?
60 Scenario 5 - Webmail
61
62
63 Collection Results
64 Exception Report
65 Download Natives
66 Download Natives
67 Maintain Folder
68 Other Social Sites
69 Parting Thoughts
70 References Social Media Tools BIA Total Discovery Cumulus Data - ecloud Hanzo NextPoint X1 Articles
71 References Case Law Painter v. Atwood - Ethics Opinion EEOC v. Simply Storage Mailhoit v. Home Depot E.E.O.C. v. Original Honeybaked Ham Co. of Georgia, Inc Fawcett v. Altieri Griffin v. State Holter v. Wells Fargo & Co Howell v. Buckeye Ranch, Inc., Standards
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