Tag Archives: Social Discovery

Social Discovery’s Time Is Now

by Barry Murphy

social discoveryThe 80/20 rule tends to apply in all aspects of life, and it is certainly applying to social discovery, at least in terms of who “gets it” and who doesn’t.  I say that because, when I talk to folks about social discovery, about 80% of them feel that it is a fringe issue that will be something to deal with in the distant future.  Only 20% realize that social discovery is happening now and that getting ahead of the curve presents a huge opportunity.

On the surface, it would seem problematic that so few embrace the realities that social media is here to stay in the business world.  According to Forrester Research’s The State Of Consumers And Technology: Benchmark 2013, US, “consumers of all age groups use social networking. From the 85% of Gen Zers to the 57% of the Golden Generation who visit Facebook at least monthly, social networking is ingrained in the Internet experience for all generations. Consumers use social media to interact with companies, too. The average US online Facebook user “likes” 14 brands on Facebook, while almost seven out of 10 social networkers engage with brands on social media.”  That social media content is discoverable is not up for debate; the argument tends to be around whether actual social discovery is mainstream yet.

The proactive management (e.g. archiving) of social media is not yet a mainstream practice in US enterprises.  In talking to a colleague at an archiving vendor, the primary reason for this is cost.  Yes, there is a lack of maturity in policies (both usage and retention) and a fear that simply journaling social media into an archive will just bloat digital landfills, but the primary issue is cost.  This is because most of the solutions for capturing social media into an archive are hosted and have recurring subscription and storage fees.  As a result, the starting cost – just to add social media to an archive – is over $25,000.  For most enterprises, that additional cost is a non-starter.

Just because proactive management of social media is not mainstream does not mean that social discovery as a practice is not.  I can look at the sales numbers for X1’s Social Discovery (X1SD) product and tell you that the growth rate is such that it is clear the practice is widespread.  I have also heard from service providers that are doing over 30 Facebook collections per week.  To me, that indicates that social discovery is a mainstream practice.  With X1SD, the cost issue is averted because the starting cost is less than $1,500.  Plus, the filtering capabilities allow investigators to only pass potentially relevant content downstream in the eDiscovery lifecycle.  And, being a desktop install means that no custody or control issues will pop up (especially important in the law enforcement use-case).

Most of the coverage of social media tools focus on the marketing use-cases – for example enterprise listening platforms and social relationship platforms.  Those use-cases serve important business functions, but discovery platforms need to meet a higher standard.  They need to show defensibility and have great control over custody of the data.  With such capabilities in place and in use today, it is only a matter of time before enterprises connect the dots and begin addressing social discovery with as much discipline as they do collection of email and other enterprise content.

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Filed under Social Media Investigations

Discovery Templates for Social Media Evidence

Book coverAs a follow-up to the highly popular Q&A last week featuring DLA attorneys Joshua Briones and Ana Tagvoryan, they both have graciously allowed us to distribute a few of their social media discovery templates found in the appendix of their book:  Social Media as Evidence: Cases, Practice Pointers and Techniques, published by the American Bar Association, available for purchase online from the ABA here.

The first template is deposition questions relating to social media evidence. The second is a sample of special interrogatories. They can be accessed at this link. Thanks again to Joshua and Ana for their insightful interview, and for providing these resources.  Their book contains many more such templates and practice tips, including sample document requests, proposed jury instructions, client litigation hold memorandums with a detailed preservation checklist, preservation demand letters, and much more.

In other social discovery news, the ABA Journal this month published an insightful piece on social media discovery, featuring attorney Ralph Losey, with a nice mention of X1 Social Discovery. In a key excerpt, the ABA Journal acknowledges that “there is a pressing need for a tool that can monitor and archive everything a law firm’s client says and does on social media.”  The article also noted that more than 41% of firms surveyed in Fulbright’s 2013 annual Litigation Trends report, acknowledged they preserved and collected such data to satisfy litigation and investigation needs, which was an increase from 32% the prior year.

Another important publication, Compliance Week, also highlighted social media discovery, where Grant Thornton emphasizes their use of X1 Social Discovery as part of the firms anti-fraud and data leakage toolset. Incidentally,  when determining whether a given eDiscovery tool is in fact a leading solution in its class, in our view it is important to look at how many consulting firms are actually utilizing the technology, as consulting firms tend to be sophisticated buyers, who actually use the tools in “the front lines.” By our count we have over 400 paid install sites of X1 Social Discovery and over half of those – 223 to be exact – are eDiscovery and other digital investigation consulting firms. We believe this is a key testament to the strength of our solution, given the use by these early adopters.

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Filed under Best Practices, eDiscovery & Compliance, Social Media Investigations