Litigators in the digital age must be armed to combat evidentiary issues surrounding information procured through the Internet. The peculiar characteristics of social and professional media render its admissibility challenging to the trial lawyer. Because the portal for social media is unguarded, subscribers to social networks can create profiles that contain inaccurate or false information. Proper authentication therefore requires that the proponent establish that the user is who the profile purports to be and that the same user authored the information accessed and proffered as evidence. As a result, authentication of social media information presents the newest layer of evidentiary challenges to admissibility.

Professional and social media networks are the modern day marketing machines for enterprises large and small. Professionals, individuals and businesses alike can measure marketability by the number of connections on LinkedIn, friends on Facebook and/or followers on Twitter. Subscribers can virtually market themselves with a keystroke, mouse-click or verbal command. Without leaving a desk, the subscriber can access a full network of professionals and seek advice, inquire about opportunities or comment on updates. Every share, “like” and comment is digitally recorded and accessible for later discovery. The nearly real-time transmission of posting renders comments and updates particularly useful for later evidential purposes. Website geolocation provides both the time and location of the communication or photograph. An overwhelming amount of information is available from a few words or pictures (and metadata). Ease of accessibility, however, begets risk of unreliability, as the sites are vulnerable to tampering and misuse.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]