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The Trouble with Text Message Screenshots as Evidence
What You See May Not Be Real
Text messages are valuable evidence in litigation and arguing them away is not really an option anymore. Sure, you can try, but smart money is having your client being prepared to produce them through smart preservation and review. Many have often opted for the “screenshot” thinking that is a quick and inexpensive way to preserve relevant text messages. We are here to tell you that you should not believe your own eyes when it comes to these smoking gun screenshots.
The Text Message Deduplication Dilemma - Part 3
Two People Walk Into a Bar, How Many Text Messages Come Out?
The Text Message Deduplication Dilemma - Part 2
More Devices? More Problems.
In the first part of this series we talked about the differences between email and text communications. Additionally, we discussed the practicality of converting text-based communications into documents for the purposes of deduplication. Frankly, it can end up giving you quite the ediscovery headache, not to mention a completely unnecessary processing bill to pay!
The Text Message Deduplication Dilemma - Part 1
Let’s play "Fill in the Text Message Gaps"
Text messages offer up a world of valuable evidence to digital investigators beyond that of email communications. Today’s society is mobile and the use of email for corporate communications is on the decline. Where traditional messaging offers a fairly straightforward means for identifying duplicates, that same simplicity does not exist in the world of messaging apps.
Dealing with the Data that Doesn’t Fit the Electronic Discovery Mold
Why Do We Keep Trying to Fit a Square Peg Into a Round Hole?
For as long as we can recall the world of legal discovery has always referred to things as “documents”. Even Nolo suggests that it is about “facts and documents”. Absent is the word “data”. Turn the clock to today and all you hear about is “Big Data” and the expansive growth of computing.
As More Work Remote, Business Communications Turn to Messaging Apps
WhatsApp Witnesses a 40% Increase in Usage Mid-Pandemic
The COVID-19 pandemic has pushed corporate America to turn to alternate forms of communication. Many companies are struggling to manage a work from home (WFH) workforce that are turning to their personal devices to keep in touch surrounding daily tasks. Interpersonal communications that are afforded in an office setting are no longer possible in many states.
Smartphone Data and the Opinions of the Courts
Best to err on the side of caution when considering additional data sources
With smartphones becoming the dominant form of communications both personal and corporate, it is no wonder that the rise in discovery requests including text messages, chat applications and other forms of communication has grown from one year to the next. There are many reasons to include, but don’t take our word for it…see what the courts are saying:
Proportionality, difficulty in collections and analysis are not great excuses to skip smartphone data; if the data is relevant, preservation and production is definitely going to have to happen.
Text Messages as Digital Evidence: Document or Structured Data?
Understanding the Makeup of a Text-Based Conversation
Text messages are becoming a common component of investigations and legal disputes. This is because text-based and multimedia communications are the norm in our daily lives, so much so that the word “text” has become a verb. We say to people, “Just text me.” We often resort to texting someone more than any other communication medium and will “shoot someone a quick text” before even thinking about calling them, sending an email or practically anything else. We communicate with emojis, animated gifs, and short videos.
Closing the Contextual Loop in Digital Investigations
Without All the Evidence, You May Not Know the Full Story
In the second part of our series on digital breadcrumbs, we provided a timeline surrounding an evening of travel that encompassed digital evidence consisting of monitoring flight delays, computer usage, and text messages. All derived from the digital breadcrumbs gathered from a corporate employee’s smartphone. In our timeline, there was some digital noise; events that had little or no bearing on our matter.
Assembling the Digital Breadcrumbs We Leave Behind
How Investigative Timelines Deliver Context
How Digital Breadcrumbs and Linked Data are Transforming Investigations
Document Centric Review is Quickly Becoming Antiquated
When it comes to electronic discovery the legal community has been focused mainly on electronic documents. These are things like email and office documents that can be neatly printed to an 8.5”x11” format. The desire is to have something that can be Bates stamped and placed into a tabbed binder. Counter to this document-based methodology the corporate world has monetized social media, smartphone apps and IoT devices, focusing on gathering mounds of digital data. This data, often referred to as our digital breadcrumbs, has spawned an entire industry driven by data science.
Using Link Analysis to Define Data Relationships in Investigations
Clarifying the Who Behind the What and When
Today’s digital investigations are being powered by link analysis. Link analysis is an analytical process whereby data points, often referred to as “nodes”, are used to identify relationships and connections between disparate data sources. The power behind link analysis and its rapid adoption in today’s era of big data is that it enables data visualization, data clustering, charting, timelining and more through data aggregation.
Metadata and Electronic Discovery: Content vs Context
When It Comes to Digital Investigations, It Matters.
Every app, every file, every digital thing created has associated metadata. It often sits in the background, sometimes it may be visible, sometimes not. It is the data that describes the data, and in the world of digital investigations, it is a critical component that provides context to digital evidence. But gathering and presenting metadata is not without its challenges. Let’s briefly examine the intricacies surrounding metadata.
When is a Document Not Really a Document?
Does Metadata Count?
When it comes to metadata, is it a document or is it just data? This is a question often posed in electronic discovery. When you think of electronic documents you often think of the electronic file itself, such as an email or Microsoft Excel spreadsheet. However, each of these has a set of accompanying data that unto itself is a piece of evidence. The problem is that this underlying metadata is not a logical "document" per se, but more just a block of bits and bytes.
How Discovery Costs are Increasing the Justice Gap
The Expense It Imposes Plays a Big Role
Timelines in Investigations
A Brief history and Their Importance in the Context of Litigation
Timelines depicting historical facts have been part of our makeup as a society since as early as the fourth century when the Roman Christian scholar Eusebius developed a sophisticated table structure in order to organize and reconcile chronologies drawn from historical sources from around the world.1
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