Can Social Media Content Be Used in Trial?

trial

Social media content is now being used for more than sharing with friends and family – its use has grown, and it has already made its way into the courtroom. There has been a lot of discussion around the use of social media content as evidence in a trial – while it is becoming more commonplace, there are best practices and things to be aware of when doing so.

A recent article discusses the fact that social media content will play a key role in proving a Houston area man was in fact attempting to provide support to ISIS. The article shows that Facebook posts, as well as messenger conversations may be brought as evidence. Typically, public facing information is just that – available to the public. Facebook messaging conversations are private, however, and fall into a more gray area.

So, what is and is not okay to use as evidence?

This is still a murky area, but there are some best practices evolving, especially centered on what type of content and how that content is found. Here are some highlights:

  • Keep it focused on public information: users are given opportunity to control their privacy settings, whether they realize it or not. Therefore, whatever is public facing, meaning it is easily found through a Google search, for example, seems to be fair game in the investigative process.
  • Find the content using the proper channels: there is a difference between finding public content and obtaining content that is behind privacy filters under the guise of “friending” someone on a social network. By becoming a connection with someone on a social network, it often times means you will have access to content that is not available to the general public, Should this come to light during a trial, and you are using this content as evidence, it may get thrown out. This also applies to friends and family members becoming connections with others on social media sites for the purpose of gathering content on your behalf.
  • Back up your evidence with evidence: in order for social media content to be considered relevant and useful in a trial, it has to be authenticated. Specifically, courts will look at the metadata behind the post – the who, where, when, and how the content was posted and discovered. Many social media monitoring tools, especially those geared toward working with law enforcement, lawyers, and the such will provide metadata information as part of the file. This will easily show when the content was created, the author, and potentially any modifications to the post. This metadata support will greatly assist in assuring the court that the content was not altered in any way prior to being presented as evidence, and that the content was in fact that of the author in question.

Despite social media being around for several years, this is still new terrain; following standard rules of evidence will help gauging the use of social media content. I anticipate the courts will also focus on more standards with this arena of evidence as well in the coming years, making its use more clear as evidence in a trial.

Educating Students by Taking Social Media Conflict Offline

 

Educating teens on social media use and responsibility is quite the challenge – with the immediacy and constant availability of social media, teens tend to use social media to vent frustration, share conflict, or even sometimes with the intent to harm a classmate’s reputation. Most times, teens don’t have malicious intent – they are simply posting their thoughts to social sites because that’s what they know.

In Alberta, they are taking a more focused approach to taking social media content offline to resolve content and education both parents and students. As they realizing that most social media postings and conflict are not necessarily criminal in nature, but need to be addressed, they have focused on intervention techniques that take the social conflict offline for resolution.

The RCMP, who is heading up this initiative, does not (yet) monitor social media to identify such content; instead, they rely on parent and student reports of content that is deemed problematic. From there, they formed a community justice forum which brings teens (and parents) together to discuss issues raised online. A recent article sums up teen social media conflict quite nicely:

“A lot of the issues are interpersonal conflict being dealt with in an inappropriate way,” says Kading. “Even as adults we are learning socialization skills all the time. I think a lot of the time, the conversations (our officers have) on an informal basis with young people can serve more effectively than if we have to go a formal route.”

Schools can learn from this example and even take a more proactive approach through social media monitoring. While it’s almost impossible to capture any and all conflict, location based monitoring can help monitor social media content that is posted while within the school boundaries. By identifying potential issues, schools can proactively engage at risk students or address student conflicts as they arise. This can help educate students on the reality and permanent nature of online content, and make them think before they post. The schools can provide students with tools for handling conflict offline, thus building relationship skills among their student body.

While this will always exist, finding ways to education the teenage set on social media responsibility and offline interpersonal relationships can be effective in raising responsible young adults.

Job Seekers: Is The Resume Dead?

job seeker

 

Whether you’re just out of college and ready to start your career, or you’re looking for a change, you may have noticed that job seeking is changing. Part of it has to do with technology in general, such as online applications vs. postal mailing of resumes and cover letters, and another has to do with social media. In a way, the “human factor” is somewhat removed from the process, at least in the initial screening stages.

CNN Money recently published an article talking about these changes as they related to college students who are gearing up for graduation. The article talks about how fewer companies are conducting on campus interviews, instead turning toward automated screening processes for the initial phase of the application.

The reduction in on campus interviews stemmed from the recession back in 2008, but even as the economy stabilized, companies did not see the value in visiting campuses as much as they used to.

What are they doing instead?

Some are reporting that they rely on automated software programs such as HireVue, a software program that assists with employee selection. Some companies prefer this method for several reasons:

  • It is automated, meaning less time HR Departments spend sorting through resumes and applications.
  • According the HireVue’s website, software programs allow for company-specific application processes that are more streamlined and focused on the position candidates are applying for versus standard resumes.
  • Additionally, incorporating video introductions gives employers a quick glance into a candidate’s personality before they get to the interview process.
  • Companies are finding that resumes are becoming less effective in learning about candidates and predicting the success of a new hire.
  • In addition to such automated technology, social media is also giving employers a level of insight into a candidate at the beginning stages of the process.

The message is essentially this: companies are using technology and social media to lift the burden of traditional hiring processes, and job seekers need to be aware of this. In addition to being able to provide a strong application, job seekers must also take the following into consideration:

  • Resumes may be on their way out the door: when seeking a job, really think about whether it could be a good fit. Long gone are the days of mass mailing a resume to see what sticks. With automated processes, it will be important to make sure your qualifications align with the job you’re seeking.
  • Get comfortable with technology: just as automated screening tools are coming into play now, it won’t be long before video is the new job application. If you’re not familiar with web based recording, it might not be a bad time to get comfortable with recording yourself on video. It might be the best first impression you can make when companies request it!
  • Find out how employers may see you: companies are turning to social media as much as automated processes, so it’s best to make sure that your social persona online matches with who you really are (or at the very least how you want employers to perceive you!). You can do something as simple as a Google search for your name (or name and city/state if you have a more common name) and review the first 3-4 pages of results, or use a social media monitoring service to conduct an online background check.

Things are changing rapidly, and it’s important for job seekers to stay on top of the latest trends in hiring. It’s competitive out there; having any advantage possible can make a difference in landing that dream job!