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Extract from article by Julie Brook, Esq., published on the CEB Blog

Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper authentication. Here’s how it’s done with social media posts.

When authenticating social media posts, there are three questions to answer:

  1. What was actually on the post?
  2. Does the exhibit or testimony accurately reflect what appeared on the post?
  3. If so, is it attributable to the source that the proponent claims?

See Lorraine v Markel Am. Ins. Co. (D Md 2007) 241 FRD 534, 555; Authentication of Social Media Evidence (2013) 36 Am J Trial Advoc 433, 446.

 

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ComplexDiscovery OÜ is a highly recognized digital publication focused on providing detailed insights into the fields of cybersecurity, information governance, and eDiscovery. Based in Estonia, a hub for digital innovation, ComplexDiscovery OÜ upholds rigorous standards in journalistic integrity, delivering nuanced analyses of global trends, technology advancements, and the eDiscovery sector. The publication expertly connects intricate legal technology issues with the broader narrative of international business and current events, offering its readership invaluable insights for informed decision-making.

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