Second Circuit Vacates Defendant’s Conviction Due to Government’s Failure to Authenticate Social Media Evidence

Second Circuit Vacates Defendant’s Conviction Due to Government’s Failure to Authenticate Social Media Evidence

The Second Circuit Court of Appeals has reversed a conviction for unlawful transfer of a false identification document (a forged birth certificate) because the district court abused its discretion and committed error in admitting a Russian social media page — akin to Facebook — that the government failed to authenticate as required by Federal Rule of Evidence 901.

#Do-Not-Disclose — Twitter Sues Government Alleging Free Speech Violation

By | E-Discovery Law Alert | October 9, 2014
#Do-Not-Disclose — Twitter Sues Government Alleging Free Speech Violation

Twitter’s ubiquitous 140-character-or-less tweets are not, the company argues, sufficiently similar to email or other forms of stored electronic information to warrant lumping them together with the likes of Google, Microsoft, Facebook, Yahoo!, or Apple, all of which have agreed to restrictive limitations on their public reporting of government surveillance.

John Doe Can Remain Anonymous and Not Be Deposed in Pre-Litigation Discovery

John Doe Can Remain Anonymous and Not Be Deposed in Pre-Litigation Discovery

Since the plaintiff did not a file a lawsuit against John Doe, the Texas trial court had no jurisdiction to allow the plaintiff to take the deposition of “Trooper,” an anonymous blogger who launched on on-line attack on the CEO of a company who lives in Houston. In the case of In Re John Doe a/k/a “Trooper” on August 29, 2014 the Texas Supreme Court ruled 5-4 the pre-litigation discovery seeking John Doe’s identity is unacceptable in Texas, and the discovery to learn the identity of John Doe can only proceed if a lawsuit is filed.