Why “I Do Not Consent” Facebook Posts Don’t Protect Your Privacy

Why Viral Legal-Sounding Status Updates Don’t Override Facebook’s Terms and What Actually Controls Your Data You’ve probably seen it before: “I HEREBY DECLARE THAT I DO NOT GIVE FACEBOOK OR META MY PERMISSION TO USE ANY OF MY PERSONAL DATA…” But despite how it reads and how widely it spreads online, posting a declaration like […]

Pennsylvania Superior Court Rules on Social Media Authentication

Pennsylvania Finally Has Guidance on Social Media Authentication I have written and spoken many times on social media and its use in court. To an extent, I was engaging in a highwire act without a net, because no appellate court in Pennsylvania had provided any guidance on the issue of authentication for admissibility purposes. As […]

Disclaimers for Social Media Sites

I wrote a guestpost for Good2bSocial. The topic is how to handle disclaimers on social media posts. My post includes a discussion of where to put disclaimers and provides samples. Check it out.

Should I Worry about my Facebook Account Getting Hacked?

Question: What happens if my Facebook account gets hacked? The asker is wondering what will happen if their Facebook account gets hacked, and how to prevent it from happening. Keep a secure password, include numbers, letters, characters and so on.  Have good malware protection on your computer. Don’t access your account on public computers that […]

Is There Social Media a Business Must Do?

Question: Is there specific social media that a business must do? I think it depends on the business. I agree, every business can benefit from using social media, but first you have to consider the type of business and what result the business desires. A retail store might want to sell via Facebook, or it might […]

3rd Circuit Uses Preponderance for Facebook Chat Admission

Preponderance of the Evidence for Facebook Chat Admission In an issue of first impression, the 3rd Circuit provided an analysis for authentication and admission of social media evidence. The authentication standard is preponderance of the evidence. The case is US v. Browne (opinion filed August 25, 2016.) Background The case involves Tony Jefferson Browne, who used […]

How I Preserve Social Media Evidence

Preserving Social Media Evidence I recorded this video for the PBA Solo and Small Firm Practice Section Conference. I am sharing it because I thought people might like to know how I go through the process of preserving social media evidence.