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Edit Comment Close Premium member Presentation Transcript Social Networking Sitesas Investigative Tools : Social Networking Sitesas Investigative Tools AAPI National SummitOctober 19, 2010 Mary JenkinsLaw Librarian & DirectorHamilton County Law Library, Cincinnati, Ohio Program Description : Program Description The legal profession uses social networks like LinkedIn, Facebook, and Twitter extensively for professional networking and marketing. Those sites have also emerged as rich sources of information for litigation-related purposes. This session will showcase free websites and research techniques to help you investigate experts, jurors, witnesses, and clients. For more on social networking for the legal profession, generally, see my Feb 2010 presentation to the Cincinnati Paralegal Association: http://bit.ly/9Y6zyA Juicy Goodness for Litigation : Juicy Goodness for Litigation http://gadgets.boingboing.net/Socialven.jpg Assumptions : Assumptions You know something about Facebook, Twitter, LinkedIn, and Martindale Hubbell Connected. You use one or more of those services. You want to know more about finding the dirt on other people like clients, experts, and jurors for work-related purposes. Outline : Outline The courts and social media as evidence The mainstream social networks Real-time social searching Public records sites Free and low-cost case research The importance of verifying For more information Slide 6: The courts and social media as evidence “Do your social networking privacy settings matter if you get sued?”* : “Do your social networking privacy settings matter if you get sued?”* *blogs.forbes.com/.../do-your-social-networking-privacy-settings-matter-if-you-get-sued/ NY State Bar Ethics Opinion : NY State Bar Ethics Opinion Opinion 843 (9/10/10) A lawyer who represents a client in a pending litigation, and who has access to the Facebook or MySpace network used by another party in litigation, may access and review the public social network pages of that party to search for potential impeachment material. As long as the lawyer does not "friend" the other party or direct a third person to do so, accessing the social network pages of the party will not violate Rule 8.4 (prohibiting deceptive or misleading conduct), Rule 4.1 (prohibiting false statements of fact or law), or Rule 5.3(b)(1) (imposing responsibility on lawyers for unethical conduct by nonlawyers acting at their direction). http://bit.ly/cl102N Legitimate evidence : Legitimate evidence In a recent survey conducted by the American Academy of Matrimonial Lawyers, 81% of responders said they had seen an increase in the use of social networking evidence during the past five years. In fact, the survey cited Facebook as the "unrivaled leader for online divorce evidence“. http://bit.ly/a1MFJh Discoverable? Yes : Discoverable? Yes Romano v. Steelcase, Inc. 2010 NY Slip Op 20388 Since information on a plaintiff's social networking accounts was material and necessary to the defense of her personal injury action and/or could lead to admissible evidence, and since the plaintiff's right to privacy was outweighed by the defendant's need for the information, pursuant to CPLR 3101, the defendant was entitled to the information. Discoverable? Yes : Discoverable? Yes NY Romano v. Steelcase also looked to other states for precedent: Ledbetter v. Wal-Mart Stores, Inc. Civil Action No. 06-cv-01958-WYD-MJW, United States District Court for the District Of Colorado Leduc v. Roman, 2009 CanLII 6838 (ON S.C.) http://writ.news.findlaw.com/ramasastry/20100929.html Discoverable? Yes : Discoverable? Yes People v. Franco, 2009 WL 3165840 (Cal. App. Ct. Oct. 5, 2009) Franco was convicted of vehicular manslaughter with gross negligence. She had posted on MySpace: “If you find me on the freeway and you can keep up I have a really bad habit of racing random people.” http://blog.ericgoldman.org/personal/archives/2009/10/latest_example.html Discoverable? No : Discoverable? No Crispin v. Christian Audigier, Inc., 2010 U.S. Dist. LEXIS 52832, Case No. CV 09-09509 MMM (Jemx), United States District Court for the Central District of California “… only if Crispin had set his Facebook wall to allow viewing by "everyone" would his postings have been deemed truly public in the eyes of the California court. If Crispin's setting were "Friends Only," his status updates would be considered as private as an email message.” http://writ.news.findlaw.com/ramasastry/20100929.html For further reading : For further reading Duhl, Gregory M. and Millner, Jaclyn S., Social Networking and Workers’ Compensation Law at the Crossroads (September 2010). Pace Law Review, Vol. 31; William Mitchell Legal Studies Research Paper No. 2010-16. Available at SSRN: http://ssrn.com/abstract=1675026 Kisthardt Mary Kay and Handschu, Barbara, Using Social Network Evidence in Family Court (September 21, 2010). The National Law Journal Paul W. Grimm et al., Back to the Future: Lorraine v. Markel American Insurance Co. and New Findings on the Admissibility of Electronically Stored Information, 42 AKRON L. REV. 357, 370-71 (2009). Boyden, Bruce E., Can You Be Forced to Turn Over Your Social Network Passwords in a Civil Case?, Marquette University Law School Faculty Blog, http://law.marquette.edu/facultyblog/2010/09/28/can-you-be-forced-to-turn-over-your-social-network-passwords-in-a-civil-case/ Slide 15: The mainstream social networks Slide 16: http://www.socialnetworkingwatch.com/2010/10/twitter-crushing-facebooks-click-through-rate.html Slide 17: Millions of unique visitors in August 2010 http://www.socialnetworkingwatch.com/2010/09/twitter-passes-myspace-to-become-third-most-trafficked-social-network.html Typical scenarios * : Typical scenarios * * These are examples for the purpose of illustration. I do not mean to imply any wrong doing by these particular people. Privacy settings : Privacy settings Privacy settings : Privacy settings Blocking “friends” : Blocking “friends” Slide 29: Real-time social searching May I see you in my office… now? : May I see you in my office… now? Think twice before clicking “tweet”. : Think twice before clicking “tweet”. Tracking tweets : Tracking tweets To keep up with a keyword on Twitter, try these: TweetDeck HootSuite Monittor Slide 40: Public records sites Public records/background checks : Public records/background checks Cheap, good, fast: pick two! “No central repository exists for federal, state, and local…criminal records” * With the right preparation and tools, though, you can conduct a successful search. * www.virtualchase.com/articles/criminal_checks_national.html Fee-based sites : Fee-based sites Lexis (SmartLinx and Accurint) Westlaw OPENonline.com: low-cost people finder NetDetective.net KnowX.com (domain owned by LexisNexis) 1800USSearch.com ChoicePoint (now a part of Lexis) Free sites : Free sites criminalsearches.com Pipl.com: comprehensive as far as free sites go Spokeo.com BRB Publications: a portal to other sites PublicRecords.com Phone directories, white pages, reverse look up, switchboard.com, infospace.com Voter registration databases Drivers license databases Slide 48: Free and low-cost case research Check your local library or the web : Check your local library or the web Look for sources: Public library research databases County or other government law libraries Bar association Try these systems: PreCYdent Virtual Chase lexisONE Public Library of Law Casemaker Fastcase Google Scholar Public.Resource.org Slide 53: The importance of verifying Mistakes happen : Mistakes happen Verify the person’s identity Never friend someone to dig up info for litigation Check HR policies and forms if it’s a personnel issue; best to have general language in place Cross-check another website or social networking site if possible Search more than one public records directory Document, document, document This isn’t me : This isn’t me And this isn’t me To share this presentation : To share this presentation www.authorstream.com Search for my name and/or AAPI social networking To contact me : To contact me Mary JenkinsHamilton County Law LibraryCincinnati, Ohio513.946.5300IM jenkinscinci mjenkins@cms.hamilton-co.org http://www.linkedin.com/in/maryjenkins You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
social networking investigative tools AAPI jenkinsm Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINT lite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 405 Category: Education License: All Rights Reserved Like it (0) Dislike it (0) Added: October 18, 2010 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... By: njamilkhann009 (19 month(s) ago) i like tis Presentation but am unable to download it Plz Help. Saving..... Post Reply Close Saving..... Edit Comment Close By: njamilkhann009 (19 month(s) ago) Nice work. Saving..... Post Reply Close Saving..... Edit Comment Close Premium member Presentation Transcript Social Networking Sitesas Investigative Tools : Social Networking Sitesas Investigative Tools AAPI National SummitOctober 19, 2010 Mary JenkinsLaw Librarian & DirectorHamilton County Law Library, Cincinnati, Ohio Program Description : Program Description The legal profession uses social networks like LinkedIn, Facebook, and Twitter extensively for professional networking and marketing. Those sites have also emerged as rich sources of information for litigation-related purposes. This session will showcase free websites and research techniques to help you investigate experts, jurors, witnesses, and clients. For more on social networking for the legal profession, generally, see my Feb 2010 presentation to the Cincinnati Paralegal Association: http://bit.ly/9Y6zyA Juicy Goodness for Litigation : Juicy Goodness for Litigation http://gadgets.boingboing.net/Socialven.jpg Assumptions : Assumptions You know something about Facebook, Twitter, LinkedIn, and Martindale Hubbell Connected. You use one or more of those services. You want to know more about finding the dirt on other people like clients, experts, and jurors for work-related purposes. Outline : Outline The courts and social media as evidence The mainstream social networks Real-time social searching Public records sites Free and low-cost case research The importance of verifying For more information Slide 6: The courts and social media as evidence “Do your social networking privacy settings matter if you get sued?”* : “Do your social networking privacy settings matter if you get sued?”* *blogs.forbes.com/.../do-your-social-networking-privacy-settings-matter-if-you-get-sued/ NY State Bar Ethics Opinion : NY State Bar Ethics Opinion Opinion 843 (9/10/10) A lawyer who represents a client in a pending litigation, and who has access to the Facebook or MySpace network used by another party in litigation, may access and review the public social network pages of that party to search for potential impeachment material. As long as the lawyer does not "friend" the other party or direct a third person to do so, accessing the social network pages of the party will not violate Rule 8.4 (prohibiting deceptive or misleading conduct), Rule 4.1 (prohibiting false statements of fact or law), or Rule 5.3(b)(1) (imposing responsibility on lawyers for unethical conduct by nonlawyers acting at their direction). http://bit.ly/cl102N Legitimate evidence : Legitimate evidence In a recent survey conducted by the American Academy of Matrimonial Lawyers, 81% of responders said they had seen an increase in the use of social networking evidence during the past five years. In fact, the survey cited Facebook as the "unrivaled leader for online divorce evidence“. http://bit.ly/a1MFJh Discoverable? Yes : Discoverable? Yes Romano v. Steelcase, Inc. 2010 NY Slip Op 20388 Since information on a plaintiff's social networking accounts was material and necessary to the defense of her personal injury action and/or could lead to admissible evidence, and since the plaintiff's right to privacy was outweighed by the defendant's need for the information, pursuant to CPLR 3101, the defendant was entitled to the information. Discoverable? Yes : Discoverable? Yes NY Romano v. Steelcase also looked to other states for precedent: Ledbetter v. Wal-Mart Stores, Inc. Civil Action No. 06-cv-01958-WYD-MJW, United States District Court for the District Of Colorado Leduc v. Roman, 2009 CanLII 6838 (ON S.C.) http://writ.news.findlaw.com/ramasastry/20100929.html Discoverable? Yes : Discoverable? Yes People v. Franco, 2009 WL 3165840 (Cal. App. Ct. Oct. 5, 2009) Franco was convicted of vehicular manslaughter with gross negligence. She had posted on MySpace: “If you find me on the freeway and you can keep up I have a really bad habit of racing random people.” http://blog.ericgoldman.org/personal/archives/2009/10/latest_example.html Discoverable? No : Discoverable? No Crispin v. Christian Audigier, Inc., 2010 U.S. Dist. LEXIS 52832, Case No. CV 09-09509 MMM (Jemx), United States District Court for the Central District of California “… only if Crispin had set his Facebook wall to allow viewing by "everyone" would his postings have been deemed truly public in the eyes of the California court. If Crispin's setting were "Friends Only," his status updates would be considered as private as an email message.” http://writ.news.findlaw.com/ramasastry/20100929.html For further reading : For further reading Duhl, Gregory M. and Millner, Jaclyn S., Social Networking and Workers’ Compensation Law at the Crossroads (September 2010). Pace Law Review, Vol. 31; William Mitchell Legal Studies Research Paper No. 2010-16. Available at SSRN: http://ssrn.com/abstract=1675026 Kisthardt Mary Kay and Handschu, Barbara, Using Social Network Evidence in Family Court (September 21, 2010). The National Law Journal Paul W. Grimm et al., Back to the Future: Lorraine v. Markel American Insurance Co. and New Findings on the Admissibility of Electronically Stored Information, 42 AKRON L. REV. 357, 370-71 (2009). Boyden, Bruce E., Can You Be Forced to Turn Over Your Social Network Passwords in a Civil Case?, Marquette University Law School Faculty Blog, http://law.marquette.edu/facultyblog/2010/09/28/can-you-be-forced-to-turn-over-your-social-network-passwords-in-a-civil-case/ Slide 15: The mainstream social networks Slide 16: http://www.socialnetworkingwatch.com/2010/10/twitter-crushing-facebooks-click-through-rate.html Slide 17: Millions of unique visitors in August 2010 http://www.socialnetworkingwatch.com/2010/09/twitter-passes-myspace-to-become-third-most-trafficked-social-network.html Typical scenarios * : Typical scenarios * * These are examples for the purpose of illustration. I do not mean to imply any wrong doing by these particular people. Privacy settings : Privacy settings Privacy settings : Privacy settings Blocking “friends” : Blocking “friends” Slide 29: Real-time social searching May I see you in my office… now? : May I see you in my office… now? Think twice before clicking “tweet”. : Think twice before clicking “tweet”. Tracking tweets : Tracking tweets To keep up with a keyword on Twitter, try these: TweetDeck HootSuite Monittor Slide 40: Public records sites Public records/background checks : Public records/background checks Cheap, good, fast: pick two! “No central repository exists for federal, state, and local…criminal records” * With the right preparation and tools, though, you can conduct a successful search. * www.virtualchase.com/articles/criminal_checks_national.html Fee-based sites : Fee-based sites Lexis (SmartLinx and Accurint) Westlaw OPENonline.com: low-cost people finder NetDetective.net KnowX.com (domain owned by LexisNexis) 1800USSearch.com ChoicePoint (now a part of Lexis) Free sites : Free sites criminalsearches.com Pipl.com: comprehensive as far as free sites go Spokeo.com BRB Publications: a portal to other sites PublicRecords.com Phone directories, white pages, reverse look up, switchboard.com, infospace.com Voter registration databases Drivers license databases Slide 48: Free and low-cost case research Check your local library or the web : Check your local library or the web Look for sources: Public library research databases County or other government law libraries Bar association Try these systems: PreCYdent Virtual Chase lexisONE Public Library of Law Casemaker Fastcase Google Scholar Public.Resource.org Slide 53: The importance of verifying Mistakes happen : Mistakes happen Verify the person’s identity Never friend someone to dig up info for litigation Check HR policies and forms if it’s a personnel issue; best to have general language in place Cross-check another website or social networking site if possible Search more than one public records directory Document, document, document This isn’t me : This isn’t me And this isn’t me To share this presentation : To share this presentation www.authorstream.com Search for my name and/or AAPI social networking To contact me : To contact me Mary JenkinsHamilton County Law LibraryCincinnati, Ohio513.946.5300IM jenkinscinci mjenkins@cms.hamilton-co.org http://www.linkedin.com/in/maryjenkins