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2017-05-03

Social Media Authenticity

Are You Accepting Hand Drawn Fingerprints?

What would you do if the opposing party showed up on court day and presented a hand drawn fingerprint as "evidence"?

I'm betting you would object.

Why?

 Because obviously it's not an authentic fingerprint.

Here's a startling fact:

Everyday this type of "evidence" is being submitted in court rooms all over America... 

With one major difference... 

Almost no one is objecting.

Social media is showing up as evidence more and more in legal matters, and for good reason...people say things they wouldn't say to their own mother on social media sites.

Social media can show relationships, locations and conversations - providing an incredible source of evidence.

This type of evidence typically shows up in a case as a printed copy from Facebook or other site that was pulled up at the law firm and printed out.

So what's the problem?

Well, there isn't one if no one objects to it...however, when I get involved - I OBJECT! 

Why?

Simple, it's authenticity cannot be proven.

Who's to say that the printed page was just not made up? A 15 year old with a simple graphic editing program could easily change the date on the page to whatever they want!

In comes the Daubert Standard - is the evidence authentic?

Can the opposing party prove authenticity?

If they can't...you just found a crack in their case....and in some cases a gigantic hole that will blow the case wide open. 

How about your firm?

Can you prove that the social media collection you present is authentic?

If not, you will likely see your evidence thrown out more often than not in the near future as law enforcement, and law firms, wise up to unauthenticated social media collections submitted as evidence. 

The Good News... 

Our forensic tool kit offers a way to not only preserve social media information but also authenticate it.  Social Media collection is an inexpensive and highly effective way to build credibility for your case.

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