Another great article from Julie Lewis, President, CEO and Founder of Digital Mountain regarding obtaining information from a party’s iPad’s, smart phones and other mobile devices.

Social Media Metadata on Mobile Devices:  Gathering Valuable Crumbs

If you’re a fan of television crime dramas, chances are you’re intrigued by how the smallest bits of evidence are often the very ones that end up closing the case on the identity of the criminal. Be it carpet fiber, a human hair, or the DNA from a single drop of blood, these infinitesimally tiny pieces of evidence can reveal vast amounts of information when handled by the right investigators. The same can be true of the small bits of information hiding underneath the content of social media postings made from mobile devices. In the hands of the right forensic examiner, the metadata behind the content can tell a lot about the briefest post. In this article, we’ll look at the connection between social media apps for mobile devices and metadata collection.
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The title of this blog is a quote from the most basic tenant of the 2016 Discovery Act found in Code of Civil Procedure Section 2017.010 titled Matters Subject to Discovery which reads:

“Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property.” [Emphasis added]

The courts and the treatises liberally construe this statute and a party’s right to obtain the identity and location of witnesses.


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