How to Optimize Social Media Data for EDiscovery

Social media platforms generate vast amounts of electronically stored information, all potentially discoverable under the Federal Rules of Civil Procedure. In a post for Disco, Julio Ruelas breaks down several steps to optimizing and managing social media data for eDiscovery.

These are the key points in this process:

1. Determining where to find social media data: Identifying relevant custodians and platforms is crucial for prioritizing data discovery.
2. Assessing the types of social media data: User-generated data includes posts, likes, and direct messages, while system-generated data contains metadata like IP addresses, location data, and unique identifiers.
3. Collecting social media data: Using specialized forensic technology ensures complete and organized data collection, which is critical for efficient review and production.
4. Using social media data in legal cases: When asking to use social media data in a legal case, you must prove that the information is relevant to the case. Courts often limit what can be requested and for how long. You must also prove that social media data actually comes from the right person, known as authentication.

Ruelas goes on to examine the unique challenges each major platform poses in managing social media data for eDiscovery:

• Facebook, the world’s largest social network, offers public posts, private messages, account information, and metadata, all potentially admissible in court. Legal challenges include authentication and obtaining non-public data.
• X (formerly Twitter), with its short-form content, poses similar challenges, particularly around the specificity of data requests and short retention times for deleted content. Legal precedents from stalking, libel, and election interference cases illustrate the importance of precise requests when seeking X data.
• YouTube’s role as a video-sharing platform introduces issues of authenticity and metadata preservation, especially in cases involving livestreams or user-generated content. Authenticity must be ensured, especially with the rise of deepfakes.
• TikTok has significant legal implications due to its rapidly evolving features, memetic content, and live streams. Challenges include preserving metadata and working within complex legal frameworks.
• LinkedIn, though less often involved in legal cases, still plays a role in employment disputes and professional misconduct claims and could be brought in as evidence.