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Judges Believe Social Media will Have Biggest Effect on eDiscovery Over the Next Two Years

The good folks at Exterro recently released a very interesting report titled “Federal Judges Survey, eDiscovery Best Practices and Trends.”  The title includes a link to download the report, which I highly recommend reading as it is good to know what the judges who rule on eDiscovery all the time are thinking.  Overall, the report calls for some necessary disruptive change in the practice of eDiscovery in order to demonstrate competency.  There are some excellent tips in the report on how eDiscovery professionals can improve and what kinds of trends we should be on the lookout for.

One finding stood out to me in particular – the Judges surveyed felt that social media would be the technology trend with the biggest effect on eDiscovery over the next two years.

Exterro Survey

As the report states, “Attorneys must be aware that all emerging technology platforms are just like email; if they hold relevant evidence you are accountable for preserving the data.”  At X1, we’ve known this for quite some time.  We’ve blogged about cases where the old way of doing social discovery – print screen – has been shown to lack authenticity standards and not meet the duty of competency that lawyers must meet.  To see the Judges recognize this as a critical trend rather than just a niche corner of the market validates what we have known for years.

It is no coincidence that X1’s Social Discovery product continues its rapid upward trajectory.  There is simply no other product on the market that offers a true investigative platform for this critical new data type.  Such a social media investigative platform will include:

  • Tight API connections to the major social media publishers like Facebook, LinkedIn, Twitter, and Instagram. The API connection allows for the capture of unique metadata that each publisher adds to its data.
  • A web crawler and capture capability that creates a copy of the page to be stored for processing into a preservation repository.
  • The ability to keep data forensically sound. This requires calculating MD5 hash values of individual items upon capture and maintaining those values through export. The platform must keeps logs and reports of all actions on data. It also must be able to use metadata to establish chain of custody and authentication.

The challenge with social media – unlike email – is that much of the data resides outside the walls of an organization.  Collection of social media becomes a challenge. Companies cannot simply call Facebook or Twitter and request all of the information for various custodians.  It is possible to take screenshots of various web pages or social media sites, but as case law points out, screenshots are not necessarily admissible as evidence.  Plus, screenshots take a technical toll on eDiscovery – they can be difficult to index and may require OCR, which still may not be able to pull text out of the image.  That is where an investigative platform like X1 Social Discovery is so important to a competent eDiscovery practice.

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Social Discovery: An Interview With Howard Williamson

This week’s blog is something new for X1 – a Q & A with Howard Williamson, the General Manager for X1’s market leading Social Discovery product.  Howard is an experienced digital forensics expert and began his career in law enforcement, which gives him a unique perspective on the practice of social discovery.  I had the pleasure of interviewing Howard this week on what is a very hot topic – social discovery.

Why Social Discovery?

Howard:  I remember back in the mid-1990’s there was a real feeling of excitement around digital forensics.  It was the cutting edge of the forensics field and the work was really fun.  Social media is now what digital forensics was in the mid to late 1990s – it’s the cutting edge of where investigation and intelligence is right now.  The work is fun because there are lots of challenges; the fun part is taking the practice from good to great.  That is what attracted me to the opportunity at X1 – because X1 Social Discovery can make the practice great because the product addresses the challenges of defensibly collecting a high volume, diverse data set like social media.

How does the law enforcement background complement this role?

Howard:  Ultimately, the goal of social discovery is to collect data in a manner that allows it to be used in criminal or civil litigation.  Knowing how that process works is critical.  The law enforcement background gives that experience of defensible collection across many different types of digital evidence.  And, on the criminal side of things, the standards of defensibility are quite high, so carrying that over to the civil side means that X1 will always meet high authenticity standards.  I bring that high bar from the digital forensics world to this brave new world of social media.

What’s new about this practice?
Howard:  The nice thing about now versus the mid-1990s is that we are now using purpose-built tools like X1 Social Discovery rather than co-opting system administration and network tools like we did in the early days of computer forensics.  That makes the Modern evidenceprocess more efficient and more complete.
Rather than using a sledgehammer to put a nail in, we are using a hammer.  The tool is built specifically for social discovery and therefore makes the practice more efficient.  Whereas in the early days of digital forensics, collection procedures where often made up on the fly, with Social Discovery, the approach is much more structured and systematic.  At X1, with our experience, we are certainly able to think and react on the fly to new challenges, but with a purpose-built tool, we can do so much more efficiently.  And, in the eDiscovery world, efficiency and defensibility are two very important things.

Are you seeing social discovery specialists pop up? 

Howard:  What we are seeing is that digital forensics professionals and intelligence professionals are implementing social discovery into their processes and procedures.  There are not “specialists” in social media; rather, the social discovery tool allows more people to collect this type of data as part of a broader job.  They are also doing things like mobile forensics and other digital forensics.  Thus, X1 Social Discovery has become an important tool in their toolkit.  The tool actually makes it easier to bring social media content into the collection because the professional doesn’t have to dive deep into things like mobile operating systems.  It becomes easier to be an expert in social collection because the product makes it simple to collect and analyze.

Do you think that Social discovery is a mainstream practice now?

Howard:  It absolutely is.  The evidence of that is our business.  X1 has nearly 500 paid install sites and nearly 4,000 end users conducting social discovery.  These users got ahead of the curve and have social media integrated into their processes.  The growth opportunity is still huge because it is inevitable that case law will force everyone to take social media more seriously, in the way that the Enron case put a spotlight on electronic discovery in general.  Law enforcement got the importance of social media evidence early on.  Even though a more typically cautious industry, police departments see that social media is a critical form of evidence and have built it into collection processes.  This is how most areas of forensics have evolved.   There is an attitude that, if it’s good enough for criminal law, it’s good enough for civil court.  That is part of what’s exciting for X1 – we have a great base of law enforcement customers putting the product through the paces.  X1 Social Discovery is truly battle-tested and no other solution works quite as well.  We are nicely positioned as the social discovery leader in a mainstream market with high growth potential.

What should we look for in the next year of social discovery?

Howard:  I would expect to see the big social networks continue to gain traction.  I don’t foresee a new behemoth social network to challenge the popularity of Facebook and Twitter.  From an app perspective, self-destructing messaging looks to remain popular as privacy becomes more of a concern.  Forensics will play a large role in determining whether those messages are truly destroyed or actually discoverable.

X1 will continue to build out connectors to more and more social networks and improve reporting and deliverables.  There will be more ability to analyze the data within the investigation platform.   What X1 wants to enable is people to do their jobs within a given workflow.  Some users will want to collect and review social media directly within X1, and the tools enables them to do that.  Others have examiners collect the data, but then move to a review tool where litigators can look at it.

Big thanks to Howard Williamson for sharing his time with us.  If you have questions about social discovery, please contact us at info@x1.com for more information.

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Catch Howard’s lecture at HTCIA’s Annual Conference, Tuesday, August 26, where he will cover Social Media Collection and Review >

 

 

 

 

 

 

 

 

 

 

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Live Social Media Evidence Capture from Today’s Vegas Strip Shooting

Unfortunately, a tragic event transpired this morning in Las Vegas leaving three people dead and at least three others injured after a shooting and fiery six-vehicle crash along the Strip. According to reports, at about 4:20 a.m. someone in an SUV opened fire into a Maserati that had stopped at a light. The Maserati moved into the intersection at Flamingo Road and collided with a taxi, starting a chain of crashes that involved four other vehicles. Our thoughts and prayers are with the victims and their families.

Given the criminal investigation and civil liability implications of this event, we wanted to demonstrate the new important capabilities of X1 Social Discovery to immediately identify, preserve and display geolocated Tweets (and often Instagram posts) at or near the scene immediately before, during and after the incident. X1 Social Discovery is now able to map a given location, such as a city block or even a full metropolitan area, and search the entire public Twitter feed to identify any geolocated tweets that have been made in the past three days (sometimes longer) within that designated area, as well as to capture any new tweets within that area going forward. As illustrated below, this capability is extremely useful for law enforcement, corporate security and civil litigators.

When we learned of the Vegas incident, we mapped the general area of the strip  and within seconds, all the recent Tweets from the past several hours were populated within the grid and collected within X1 Social Discovery.

Accident 4

From there, we were able to sort those tweets within the interface and identify some key Tweets made immediately after the incident, such as this post:

Accident 5

Accident 2

We are able to sort and identity the exact time (in GMT) of the posts in question as well as associated metadata.

Accident 3

Here is another post below. Both this example and the one above contain notable intel in the comments, suggesting the possible identity of one of the victims, as well as a reference to another posted picture on Instagram. This reflects the utility of X1 Social Discovery’s ability to collect not just the social media post, but the comments thereto in real-time.

Accident 1

This feature can also be employed proactively, to map an area around a school, an embassy, an oil drilling facility overseas, or other critical infrastructure assets to collect and store any geolocated tweets in real time. But of course in order to take full advantage of this ability to gather key evidence such as the evidence, posted above, you need to own the software at the time of the incident.

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