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NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Interactive Media
National Center for Justice and the Rule of Law ICAC Webinar Series
Presenter
Don MasonFormer Associate Director, NCJRL
(Retired)
drmason@olemiss.edu
National Center for Justice and the Rule of Law ICAC Webinar Series
Let’s make this webinar“interactive”
Feel free to
contribute and participate
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Questions, Comments
• Feel free to email any time to:
drmason@olemiss.edu
(or to drmason.olemiss@gmail.com)
• Please include your phone number – In case it might be helpful to visit by phone
– Will not be shared with anyone else
National Center for Justice and the Rule of Law ICAC Webinar Series
Interactive Media
National Center for Justice and the Rule of Law ICAC Webinar Series
• Define terms
• Identify types of interactive media
• Describe major social media in U.S.
• Summarize ways social media are used
As time permits:
• Describe legal and ethical considerations
• Discuss basics of evidence collection and use
Objectives – Basic Overview
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Beyond Our Scope Today
• Dating sites
• How-to’s for online start-ups
• “Internet law” – e.g., IP, licensing, children privacy protection
• Pertinent labor and employment law
• Cyber bullying, “sextortion,” other online crimes facilitated by interactive media
• Misuse of social media in court
National Center for Justice and the Rule of Law ICAC Webinar Series
“Web 2.0”“Web 2.0”
• Interactive Internet communities
• Social networks
• Blogs
• Wikis
• Video or photo sharing sites
• Online role-playing games
• Virtual worlds
National Center for Justice and the Rule of Law ICAC Webinar Series
Technological (R)evolution
• “Web 2.0” or “The Next Frontier” passé
• Audience = one-way; not interactive, passive, watch, do not participate or share
• Community = two-way; interactive, social, communicate, participate and share
• Shift from "one-to-many" (or “one-to-one”) to "many-to-many"
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series10
Media
National Center for Justice and the Rule of Law ICAC Webinar Series11
Media v. Interactive Media
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Information being communicated: How the Internet works
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Information being communicated: How the World Wide Web works
http://www.commoncraft.com
Watch video online
Purchase & download on Kindle
Share video via Twitter or Email
Download Fact Sheet [PDF].
Written overview
Download transcript of video
National Center for Justice and the Rule of Law ICAC Webinar Series
Media to Interactive Media
• Word of mouth
• Newspapers
• Web
• Interactive media– Instant, amplified info from anyone
National Center for Justice and the Rule of Law ICAC Webinar Series
• File transfer protocol (FTP)
• Bulletin and message board systems
• Newsgroups
• Chat rooms
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
•Web sites
• Web cams
• E- groups
• Instant messaging
• Peer-to-Peer Networks
National Center for Justice and the Rule of Law ICAC Webinar Series
•Interactive Internet communities•Social networks•Blogs•Wikis•Video or photo sharing sites•Online role-playing games•Virtual worlds
National Center for Justice and the Rule of Law ICAC Webinar Series
Evolution
• Mobile apps
• Rapidly evolving array of social media
• Changing usage statistics
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Benefits
• Communication
• Keeping in touch
• Job hunting
• Marketing; self-promotion
• Client service
• Community service
• Due diligence
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Now Ubiquitous
National Center for Justice and the Rule of Law ICAC Webinar Series
Ramifications
• Plethora of data stored with third parties
• Shift from business or gov't entity having to seek info to having to sift through mountains of data willingly shared
• Creates new opportunities and new responsibilities– Examples: Teacher-rating sites, Commercial
site feedback (e.g., TripAdvisor or Yelp comments)
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Types – Platforms
• Owned– hosted community, blog, forum, etc.
– internal or external
• Rented– third-party community, social network, etc. --
Facebook, Twitter, Tumblr, LinkedIn
• Occupied– commenting, contributing, etc. (news site,
blog, other)
National Center for Justice and the Rule of Law ICAC Webinar Series
Social Media• Social Networking
• Social Photo and Video Sharing
• Blogs
• Wikis
• Newsgroups, Bulletin & Message Boards
• Chat rooms
• Instant Messaging
• E‐groups
• Virtual Worlds / Role Playing Games23
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Look up old friends
Meet “friends of friends”
Share photos, videos, music
Join groups based on interest
Chat
Play games
Create and or join private groups
On a Social Network, You Can:
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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User created
Open
Closed
Secret
Social Network Groups
Share info w/ groups of friends w/ common interests
Post Photos
Group chats in real time with other members
Collectively write and edit documents and notes
Communicate w/ members offline via group email address
Share info w/ groups of friends w/ common interests
Post Photos
Group chats in real time with other members
Collectively write and edit documents and notes
Communicate w/ members offline via group email address
Function
National Center for Justice and the Rule of Law ICAC Webinar Series26
Users can create groups for purpose of trading CP
Powerful encryption tools
Share photos/videos while simultaneously chatting about them
CP rings on social networks can shelter members
Would-be members required to provide CP for admittance into group
Existing members must continue sharing CP to remain in good standing
Emphasis on media & content creation
Automatic uploading of photos
On-site photo editing
Advanced customization features
Drag and drop formatting enables users to create personal web pages
National Center for Justice and the Rule of Law ICAC Webinar Series
• Example of site for good overview
Types of Social Networks
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Types of Social Networks
National Center for Justice and the Rule of Law ICAC Webinar Series
Types of Social Networks
National Center for Justice and the Rule of Law ICAC Webinar Series
Types of Social Networks
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Types of Social Networks
National Center for Justice and the Rule of Law ICAC Webinar Series
Types of Social Networks
National Center for Justice and the Rule of Law ICAC Webinar Series
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Still King of the Mountain
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. . . for now
National Center for Justice and the Rule of Law ICAC Webinar Series
Losing ground among teens
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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Global dominance
National Center for Justice and the Rule of Law ICAC Webinar Series
National Center for Justice and the Rule of Law ICAC Webinar Series
• Founded 2004, initially for college students
• 1.19 billion active users monthly (June 2013)
• More than 750 million access FB via mobile device each month
• 55% female; 45% male
• Average user age 41; has 229 friends
• 65% over 35
• Over 300 million photos uploaded every day
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
• Driven by interest in connecting• Password-protected profiles
• Highly customizable privacy and visibility settings
• Also used for groups, events, messaging
• Individuals, businesses, nonprofits –anyone
National Center for Justice and the Rule of Law ICAC Webinar Series
National Center for Justice and the Rule of Law ICAC Webinar Series
• Founded 2006
• 140-character “tweets” – micro-blogging
• 55% of users female; 45% male
• 70% of users have some college education
• 72% between 18-49
• Membership growing rapidly
• 400 million tweets per day
• “Flash mobs” “Flashmob justice”
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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• Started 2011
• Solid user numbers hard to find but usage growing quickly
• Some estimates: users 70% male; 30% female
• Largely tech-driven
• Circles and Hangout
• Google Authorship big reason for growth
National Center for Justice and the Rule of Law ICAC Webinar Series
• Largest professional social network
• More than 238 million users in more than 200 countries (Jan 2013)
• 50+ million endorsements every week
• Fastest growing demographic: recent college graduates (over 30 million)
National Center for Justice and the Rule of Law ICAC Webinar Series
• 5.7 billion professional searches conducted in 2012
• 78 million monthly unique visits
• One-third of visits come via mobile apps
• Good for networking, “Rolodex,” job hunting, recruiting
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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• Began in 2005
• Used for sharing content
• Driver of online culture
• Springboard for Internet fame
• Over one billion unique visits each month
• Over 6 billion hours of video watched each month
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• 100 hours video uploaded every minute
• More than one billion views each day via mobile devices
• Reaches more U.S. adults 18-34 than any cable network (per Nielsen)
• Thousands of channels making six figures annually
National Center for Justice and the Rule of Law ICAC Webinar Series
• Beta launched 2010
• For sharing and creating image collections for hobbies, style, businesses, etc.
• 70 million registered users; 20 million active monthly
• More than 50 million unique visitors each month
• 5 million “article pins” each day
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National Center for Justice and the Rule of Law ICAC Webinar Series
• Consistent with trend of sharing content via images and videos
• Photos, videos, and infographics
• “Consumers want visual content” (One survey found that, April to May 2013, “93% of most popular and engaging posts on Facebook were photos)
• Similar: Instagram and Tumblr
National Center for Justice and the Rule of Law ICAC Webinar Series
Blogging
• Estimated 31 million bloggers in U.S. alone
• Almost 87% of bloggers have been actively blogging for two years or more
• 57% of bloggers have more than one blog
• 60% of bloggers are men
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Blog
• Maintained by an individual
• Free & simple to create: Blogger, Wordpress, Blogspot, etc.
• Public
Features
• Interactive –visitors can leave comments
• Regular entries of commentary & graphics
• Usually single page w/ links to archived posts
• Entries displayed in reverse‐chronological order
Types
• Personal
• Corporate
• By genre: Law, technology, gossip
Statistics
• Over 100 million active blogs
http://www.webdesignerdepot.com/2011/01/too‐many‐blogs/
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Forums
• Many features of “modern” social media began in forums – e.g., threads, discussions, private messages
• Made of various boards with threads of user comments and conversations
• Highly customizable
• Either private or public
• Can be hosted on nearly any website
National Center for Justice and the Rule of Law ICAC Webinar Series
Bulletin Board Services• Precursor to Chat rooms
• Text-based
• Internet connection not required
• Computer w/ modem dialed directly into computer hosting the BBS
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National Center for Justice and the Rule of Law ICAC Webinar Series
Bulletin Board Services• Host controls who is allowed on system
• Host can set different access levels within the BBS
• Once verified, user can upload & download files, read news, exchange messages, etc.
• Popularity declined once Internet included graphics, but BBS remain a tool in CP market
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NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Bulletin & Message Boards
• Anonymity
• Most require registration and username; some allow postings from non-users
• Some require invitations or approval
National Center for Justice and the Rule of Law ICAC Webinar Series
Chat Rooms
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National Center for Justice and the Rule of Law ICAC Webinar Series
Chat Rooms
• Online spaces where users communicate through text-based messages.
• “Virtual cocktail party”
• Strangers gather to flirt, argue about politics and sports, ask for advice, talk about shared hobbies and interests, or hang out.
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NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Chat Rooms
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• Setup by topic
• Usually requires registration
• Conversation is live and not saved, unlike message boards
• Private, side chatting is often possible
• Some allow attachments
National Center for Justice and the Rule of Law ICAC Webinar Series
Instant Messaging
National Center for Justice and the Rule of Law ICAC Webinar Series
Instant Messaging
• Instant Messaging often allows sharing of pictures and files
• IM can also combine use of microphones and webcams
• Instant Messaging is done between users that have approved each other
• Conversations can be saved or printed
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Online Photo Sharing
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Photos stored in “cloud.”
Visit Grand Canyon
Take photos w/
digital camera
Transfer photos to computer
Upload photos from
computer to website
National Center for Justice and the Rule of Law ICAC Webinar Series62
Add titles to photos
Describe photos w/ “tags” or keywords
Grand Canyon, 2012 Vacation
When I want to view Grand
Canyon photos, click on
appropriate tag
The relevant photos are displayed.
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But wait…that’s not all! Sharing your photos
User can set permissions on photos–Public: anyone can see photos
–Private:
• Only people you specify
• On some sites, “private” covers everyone on friends or contact list.
Create categories of people: only certain categories can see certain photos
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Other Features:
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• Some sites allow users to create groups based on common interests. Members can share photo tips, comment on photos, etc.
• EXIF (Exchangeable Image File Format) data might be included unless feature is disabled
– Camera used
– Time and date photo was taken
– Camera settings used for photo
National Center for Justice and the Rule of Law ICAC Webinar Series
• Owned by Facebook
• For creating and sharing photos and short videos
• Over 150 million active users monthly
• Over 55 million images posted per day
• Videos limited to 15 seconds
• Allows users to share images to other networks and via email
National Center for Justice and the Rule of Law ICAC Webinar Series
• Twitter product very similar to Instagramvideo
• Six-second looped videos created in the app, then shared on Twitter or other networks
• Standalone product for micro-blogging videos
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
• Web- and mobile-based micro-blogging
• Allows users to publish (short) text, images, other content
• Public or private
• Users can follow and re-blog
• Over 140 million blogs
• Over 65 billion blog posts
• Now owned by Yahoo!
National Center for Justice and the Rule of Law ICAC Webinar Series
• Social news and content network
• The “front page of the Internet”
• Users able to submit either self-post or link
• Topics tend to vary wildly
• Community votes the post up or down, dictating its placement or proximity to the front page
National Center for Justice and the Rule of Law ICAC Webinar Series
Others predicted to be “huge” in 2014
• MySpace– Has gone through several makeovers
– Has popular iPhone app
• SnapChat– Mobile app
– Used to send “disappearing images”
– Turned down acquisition offers from major giants like Google and Facebook
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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National Center for Justice and the Rule of Law ICAC Webinar Series
Uses by Law Enforcement
• Facilitate public communication– News releases; department updates; info
guides; crime tips
– Directly reach, engage, and interact with the community
• Distribute information on criminal activity and emergencies quickly– Crime alerts; weather updates; etc.
National Center for Justice and the Rule of Law ICAC Webinar Series
Uses by Law Enforcement
• Look for evidence of crimes
• Collect information for investigations– Content or non-content
•Postings, messages, images, etc.
•Aliases or nicknames
•Location information– IP log-ins
– Geotagging
•Contact information
•Known associates, friends
National Center for Justice and the Rule of Law ICAC Webinar Series
Uses by Law Enforcement
– Much of it publicly available (questionable expectation of privacy)
•Amazing what people post (pics with guns, gang signs, stolen property; boasts about their exploits, plans; etc.)
– Some collectible with legal process•SCA – Search Warrant, Order, or Subpoena
• Doubtful Fifth Am privilege
• But First Am challenges being raised
NCJRL ICAC Webinar – Interactive Media January 31, 2014
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Uses by Law Enforcement
• Determine whereabouts; establish motives; show relationships; support or refute alibis
• Monitor activities of probationers and parolees
• Deleted pages may still be recoverable
• Must be used with caution
National Center for Justice and the Rule of Law ICAC Webinar Series
Ethical considerations
• Judges friending attorneys on Facebook– “Judge DQ’d for Ex Parte Facebook ‘Friending’
of Litigant” – FindLaw’s Strategist blog Jan 28, 2014
• Judges tweeting– ABA position: Use good judgment and
common sense, to avoid appearance of impropriety
National Center for Justice and the Rule of Law ICAC Webinar Series
Ethical considerations
• Attorney and law firm marketing
• Attorney (or staffer) friending opposing party or potential witness for "discovery"
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National Center for Justice and the Rule of Law ICAC Webinar Series
Legal Trends
• Prohibiting use for background checks
• Banning teacher-student friending
National Center for Justice and the Rule of Law ICAC Webinar Series
Social Media as Evidence
• More frequently focus of CLE for both public and private sectors
• Discoverability
• Preservation and collection of evidence
• Relevance
• Hearsay
• Authentication
National Center for Justice and the Rule of Law ICAC Webinar Series
Authentication of Social Media Evidence
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National Center for Justice and the Rule of Law ICAC Webinar Series
Authentication
• Rule 901 - Evidence is what it is claimed to be
• Various ways to show– Testimony of witness with knowledge– Comparison– Distinctive characteristics
• In conjunction with circumstances• Direct or circumstantial evidence, or both
– Process or system – reliability and accuracy
National Center for Justice and the Rule of Law ICAC Webinar Series
Authentication of Social Media Evidence
• MySpace account used defendant’s name and hometown. Account had pictures of defendant.
• This was sufficient evidence to authenticate that the account belonged to the defendant.
Tienda v. State, 2010 WL 5129722 (Tex. Ct. App. 2010)
National Center for Justice and the Rule of Law ICAC Webinar Series
Authentication of Social Media Evidence
• The following circumstantial evidence was found sufficient:
• Page contained photos of Tienda
• A post contained info about murder victim and music at his funeral
• References to Tienda’s gang
• Posts referring to info Tienda knew
Tienda v. State, 358 S. W. 3d 633 (Tex. Crim. App. 2012)
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National Center for Justice and the Rule of Law ICAC Webinar Series
On the other hand …
Printout of MySpace profile pages not sufficiently authenticated where- State attempted authentication through lead
investigator’s testimony
- Contained photo of purported creator and Petitioner in embrace
- Contained user’s birth date, referenced her location, and identified her boyfriend by Petitioner’s nickname
Griffin v. State, 19 A.3d 415 (Ct.App. MD 2011)
National Center for Justice and the Rule of Law ICAC Webinar Series
GriffinMajority – “[P]otential for abuse and manipulation” of social networking sites by others, in particular, requires more- Describes other possible methods
Dissent – Cites federal decisions finding authentication proper “if a reasonable juror could find in favor”- Asserts majority’s concerns go to weight rather
than admissibility of the printouts
National Center for Justice and the Rule of Law ICAC Webinar Series
• New tools being developed and deployed for collection, hashing, and preservation– Aid in either criminal or civil cases
• Also note Judge Paul Grimm’s recent article:– “Authentication of Social Media Evidence,”
American Journal of Trial Advocacy, 36 Am. J. Trial Advoc. 433 (2013)
Authentication of Social Media Evidence
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National Center for Justice and the Rule of Law ICAC Webinar Series
Recap
• Terms, concepts
• Types of interactive media
• Examples of social media
• Uses of social media
• Selected legal and ethical considerations
• Evidence collection and use
National Center for Justice and the Rule of Law ICAC Webinar Series
Presenter
Don MasonFormer Associate Director, NCJRL
(Retired)
drmason@olemiss.edu
National Center for Justice and the Rule of Law ICAC Webinar Series
Upcoming Webinars(all at 12:00 Noon Central time)
• Motions to Suppress Statements/Passwords – February 19, 2014
• Overview of First Amendment Considerations in Child Pornography Cases – March 19, 2014
• Recent Developments in Search and Seizure in the Supreme Court Affecting Investigation of Technology Crimes – May 6, 2014
All to be presented by Prof. Thomas Clancy, Dir. & Research Prof., National Center for Justice and the Rule of Law
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National Center for Justice and the Rule of Law ICAC Webinar Series
Thank you for joining me!
Goodbye
And best wishes
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