Social Evidence

Social Evidence® Blog

“IF EVERYBODY’S DOING IT, THERE’S A LOT OF GUYS DOING IT” (Tom Cruise in The Color of Money) or A Little History of the Internet

By Gayle O’Connor – As a recovering law librarian, I remember being an early adopter of the Internet over 25 years ago. I recall sitting in my office using DOS commands on a black screen with blinking letters pushing me onto my next command. Thanks to Al Gore for inventing the Internet, right? LOL. I […]

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6 Tips For Avoiding Malpractice When Dealing With Social Media

By Gayle O’Connor – This is a true story of a CLE Seminar panelist discussing social media as evidence. Near the end of the session, during the question and answer phase, a woman in the audience raises her hand and states, “So, I wasn’t supposed to tell my client to delete his incriminating Facebook postings?” […]

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An Amazing Facebook Time Saving Search Tool Tip – A Must Read & Be Sure to Share!

By Andy Adkins – Imagine if you will…in a galaxy far, far away. Somewhere you remember seeing a post on your Facebook timeline…and, you think you remember the year…but, you don’t want to take the time to scroll down through all those years looking for that one particular post. Now, imagine this…if you could go […]

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Humor and Social Media at SCOTUS

By Gayle O’Connor – On March 03, 2017, oral arguments began before the US Supreme Court in the case of Packingham v. North Carolina. This case concerns the issue surrounding the denial to Mr. Packingham of online access to social media sites by the state of North Carolina.  Most people would think a case challenging a […]

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Social Media – How You ‘React’ to a Post Can Be Telling

By Andy Adkins  – A recent article by Charles Riley (CNN), “Man fined $4,000 for ‘liking’ defamatory posts on Facebook,”  pointed out that a court in Switzerland convicted this man on several counts of defamation after he “liked” libelous comments on Facebook. He “indirectly endorsed and further distributed the comments by using the Facebook “like” button. The […]

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The Social Media Practices of Rural Attorneys

By Gayle M. O’Connor – Last week on Wednesday (May 17), I spent a day in rural Louisiana giving a CLE program titled Authentication of Social Media Evidence to the Lafrouche Parish Bar Association. I drove west from New Orleans to Thibodaux, home of Nicholls State University. Thibodaux truly is a nice, small town of about […]

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More than Just Fitbit led to Charges in Murder Case

By Gayle O’Connor – The headlines say that a Connecticut woman’s Fitbit may have helped bring her murderer to justice. However, there were other factors that led police to seek an indictment against her husband, including social media evidence that directly contradicted statements he made to them. In a nutshell, Connie Debate was shot dead in […]

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Instagram – The New Facebook?

By Andy Adkins – A recent article in the New York Times by Farhad Manjoo (April 26, 2017), “Why Instagram is Becoming Facebook’s Next Facebook,” (yes, that IS the title of the article) points out the significant increase of Instagram use compared to Facebook, when Facebook was a younger whippersnapper. For a time, the goal […]

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Podcast – Practical Approaches to Preserving New (and Not-So-New) Digital Media

By Sharon Nelson, John Simek and Craig Ball – Social Media is a big deal in the legal profession. Not only is it being used to promote law practices but it’s increasingly being used as digital evidence in courtrooms. In this episode of Digital Detectives, hosts Sharon Nelson and John Simek of Sensei Enterprises talk […]

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Is it OK for Police to Create Fake Social Media Accounts? You May be Surprised at the Answer!

By Gayle O’Connor – The rules governing who can use fake social media accounts to gain access to confidential information are completely different according to whether the case is civil or criminal. Several courts and bar associations have issued opinions regarding this issue. For example, New Hampshire requires that a request from a lawyer (which includes […]

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