November 15, 2016 Articles

Social Media and Encrypted Data in Discovery

The ever-expanding world of ESI poses a challenge to civil litigators who must stay abreast of new forms of social media and data encryption.

By Ronald Hedges and Kristen B. Weil

The ever-expanding world of electronically stored information (ESI) poses a challenge to civil litigators who must stay abreast of new forms of social media and data encryption. The sources and volume of ESI have ballooned: “Every day, we create 2.5 quintillion bytes of data—so much that 90% of the data in the world today has been created in the last two years alone.” An increasing portion of that data comes from social-media networking sites. Litigators must know how to obtain this material in discovery, how to produce it, and how to handle lost, encrypted, or inaccessible data.

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