Social Media platforms are a treasure trove of information that can provide potential evidence ranging from posts, messages, images, and videos to metadata such as timestamps and location data. This can help to reveal connections, interactions, potential motives, and other critical information that can help uncover what happened in a case.
Data Acquisition, Preservation & Analysis
Whether access to social media evidence is granted by the user, the social media company, or is already public-facing the role of a Digital Forensics Expert is critical when collecting the data. The specialized techniques utilized in capturing data ensure the preservation of its integrity and authenticity. These processes involve capturing and storing digital evidence in a manner that prevents tampering, alteration, or loss which increases the likelihood of the evidence being admissible in court. Data acquisition and preservation techniques also facilitate the documentation of acquisition procedures, thereby maintaining a clear chain of custody for evidentiary purposes.
Data Analysis / Verification:
These techniques go beyond what can be read or seen in posts, images, etc., by providing further context. For example, metadata extraction provides information such as timestamps, location data, and user device information. Metadata analysis assists in establishing timelines and user location, verifying authenticity, and identifying potential data manipulation.
In cases where social media evidence has been presented by the other side, techniques such as a hash value analysis can be used to verify the integrity of data. A hash value is a unique fingerprint for digital information that is generated using a mathematical algorithm. This fingerprint is so distinct that even the slightest change, like ‘dog’ to ‘cog’ in a sentence, results in a completely different hash value. Its unique nature makes it essential in detecting any unauthorized alterations or attempts at tampering with data. A hash value analysis is therefore a powerful tool that can be used to challenge social media evidence.
Challenges to the Use of Social Media Evidence
Data Preservation:
Depending on the platform, posts and other interactions on social media can be modified or deleted by users. Ensuring the preservation of metadata, timestamps, and other identifying information such as the device used to access an account is critical in maintaining its integrity and admissibility in court.
Data Retention:
A significant challenge to the use of social media evidence is a platform’s data retention policy. Besides intentional acts of modification or deletion, companies have data retention policies that dictate deletion or rewrite protocols for stored data. It is important to consult with a digital expert as soon as it becomes apparent that digital data is relevant to the case to avoid losing pertinent evidence.
Volume & Complexity of Data:
Due to their vast number of users and capabilities, social media platforms generate massive amounts of data in various formats, making it challenging to identify relevant evidence efficiently. Analyzing large datasets and extracting pertinent information requires specialized expertise and tools that a digital expert possesses.
Digital Forensic Experts leverage specialized expertise, tools, and methodologies for acquiring, analyzing, preserving and effectively utilizing social media evidence in legal cases. Collaboration with a digital expert ensures that all relevant data is identified and captured properly- adhering to legal standards, preserving the integrity of the evidence, and facilitating its admissibility in legal proceedings. Your digital expert can also provide insight into the extent of the data required, and the format in which the data should be produced to assist with requests for production forms or subpoenas.
