Litigation & Witness Support
Yesterday’s status update can easily become evidence in future litigation. This is especially true in criminal, family, personal injury and employment law. The practice of law and the ability to access information relevant to a case has been noticeably impacted by the internet. Furthermore, the rise of social media has given everyone with an internet connection the ability to receive, send, and store information in numerous formats.
While printing or saving a screenshot preserves what you see, screenshots lack the behind-the-scenes information (called metadata) that’s embedded into the webpage or post. Police, investigators, and the like can now utilize software built specifically for collecting and preserving online and social media content. These tools log the accurate visual representation of the content as well as all available metadata such as date, time, location, poster’s IP address and browser used. All content can be digitally signed and time-stamped in satisfaction of the legal requirements for submitting digital content as evidence.
As people increasingly share their lives online, the incredible amount of content will continue to grow and often be relevant to litigation. And most courts are happy to allow this evidence. Judges have been generally receptive to granting law enforcement warrants to obtain social media records to use against them for an arrest or in an existing case against them. Facebook maintains a portal for law enforcement to request evidence associated with an official investigation. Twitter has codified a detailed set of guidelines for law enforcement requesting and obtaining such evidence. YouTube, Google, and WhatsApp have done the same.
Have an upcoming case? Ready for trial? Partner with eChatter for litigation and witness support. For more information please click the link below or call Kathy at 1-833-324-2887 ext. 700.
Our Simple Search, also known as our social media search, contains all social media platforms. They are conducted by using multiple software platforms, experienced open source intelligence specialists, and specific methodologies to find the accurate results you need. Includes all curated results, social media sites only. Report contains links to each social site discovered.
Our Deep Web Search contains all the little details that are located in the surface and deep web. Includes all relevant social and online content. Report includes photo screenshots, statements, records, articles, blogs, etc. All curated content for each result found. Through multiple software platforms and your assigned specialist, we are digging and analyzing information that matches your exact requirements.
Web Preservation is something many attorneys are starting to take a serious look at and in some cases are requesting from their private investigators. Judges are getting stricter when it comes to allowing social media as evidence in court. Not all cases make it to court of course, but preserving social media may be that extra step that you may want you to take. Social media posts can be altered quickly, often at the advice of opposing counsel. Be sure not to wait too long to capture the data you need and in some cases, be sure to preserve that data.