evolving legal landscape of social media

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Evolving Legal Landscape of Social Media

Hong-‐Eng Koh Global Lead, Jus<ce & Public Safety (JPS) Public Sector Industry Solu<ons Group

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Global JusHce & Public Safety (JPS) Team

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Jeff Penrose David Shepherd Udi Nessimyan

Hong-‐Eng Koh

Global Lead

Bert Oltmans Jorge Medina

Cindy Schwimer

Past one week down south…

Past one week down south… Few hours a]er TTSH’s statement…

Rant vs Threat vs Seditious Cyber Vigilante, CSI

Privacy


Elonis v. United States When does Facebook pos<ngs cross the line into being an illegal threat?

• Anthony Elonis was convicted on four counts of threats to local law enforcement, his estranged wife, an FBI agent, and a kindergarten class. • He was sentenced to 44 months in prison; appealed against the sentence; decision pending. •  “If I only knew then what I know now... I would have smothered your ass with a pillow. Dumped your body in the back seat. Dropped you off in Toad Creek and made it look like a rape and murder.”

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Graziosi v. City of Greenville

• Graziosi, then with Greenville PD, criHcized Police Chief’s decision not to send representaHves to the funeral of an officer who was killed in the line of duty.

•  She was fired and the appeal was dismissed: – Not related to public safety – Not on trust they had in the PD – Rather on an internal decision

•  InteresHng footnote: – the court notes its awareness that “Facebook, Twifer, and the like seem to have a ‘special’ power to bring an issue before the masses, especially when a story goes viral…”

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“Firing over Facebook comments violated her free speech rights”

19 Apr 2012

Kentucky man arrested after stealing from cops, posting evidence to Facebook

6 May 2013

Study shows young crooks use social media to brag of criminal exploits

New Zealand Roast Busters

Gamification (or Cyber-Stupidity)

First Information Report

First Information Report

US Government Agency Compromised by Social Engineering

2009: “Robin Sage” (The Security Blogger)!Information and intelligence obtained from US military personnel!

2011: “Emily Williams”!“What else can happen outside of data being leaked over social networks?”!

Emily Williams

Social Engineering 4 Nov 2013

1 April 2013

UK sex crimes via Facebook, TwiPer increased 400% since 2009

“Personal data on Twi0er and Facebook are being u7lized by sexual predators to iden7fy suscep7ble females and gain their confidence.”

Grooming Cyber-Bullying


Meet SweeHe…

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•  A computer-‐generated 10yr Filipino girl created by a Dutch advocacy group called Terre des Hommes.

•  Details of 1,000 men who contacted the child for sexual acts were sent to police around the world.

•  Scof Robert Hansen, of Brisbane, Australia, was sentenced to two years in October 2014.

•  Generated many debates on entrapment and ethical issues.

Why BlackBerry Messenger was rioters' communication method of choice 7 Dec 2011

“Everyone in edmonton enfield wood green everywhere in north link up at enfield town station at 4 o clock sharp!!!!” “Ah, who wants to buy rioting kits? Gloves, masks, petrol bombs: £5”

Crime-Sourcing

Man Attacks NYC Police With Hatchet; Authorities Probe Possible Terror Ties

Social-Enabled Terrorism ?

“Helicopters, big military will be useless on their own soil. They will not be able to defeat our people if we use guerilla warfare. Afack their weak flanks…”

Suspect’s posHng:

23 Oct 2014

Lone Wolf

Isis booklet issues guidelines to mothers on how to raise 'jihadi babies' 1 Jan 2015

hfp://www.independent.co.uk/news/world/middle-‐east/isis-‐booklet-‐issues-‐guidelines-‐to-‐mothers-‐on-‐how-‐to-‐raise-‐jihadi-‐babies-‐9952721.html

Social-Enabled Terrorism ? •  The publicaHon, enHtled “Sister’s Role in Jihad”, suggests that the “most important” way women can contribute to the so-‐called Islamic State is by indoctrinaHng children with the militant group’s values.

•  “Don't wait unHl they are seven to start, for it may be too late by then!”

New Zealand Jihadist Deletes Tweets AZer Discovering He LeZ Geotagging On

hfp://ibrabo.wordpress.com


United States v. Daniel Gatson “Obtaining informa<on using fake Instagram account was unlawful”

• Accused of perpetraHng a long series of burglaries (taking primarily jewelry worth over $3 million in total) in New Jersey and neighboring regions. • Gatson, represenHng himself in the case, had afempted to have the data collected from Instagram thrown out, as he claimed there was no probable cause to search or seize such data. • MoHon denied: – “When Gatson accepted a friend request from an undercover Instagram account that was consensual,… no search warrant is required for the type of informaHon obtained.”

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E-‐Discovery & E-‐Evidence •  Scope of Search & Seizure of ESI (electronically-‐stored informaHon) –  Balance between legiHmate need and dragnet seizures

•  Right to be Forgofen –  European Union, Germany, ArgenHna, USA

•  SpoliaHon or ObstrucHon of JusHce –  United States vs Kolon

•  EncrypHon –  Right against self-‐incriminaHon

•  Evidence in the Cloud –  LocaHons, bits & pieces, chain of evidence, etc.

•  Deceased person’s digital assets

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Social Media is Blurring the Lines Individual and Corporate. Personal and Work.

•  SEC Neulix InvesHgaHon Report –  Social media posts by a company or its execuHves will be treated as any other electronic corporate disclosure

•  Eagle v. Morgan –  Former employee sued her formal employer for locking her out of her LinkedIn account. Court found the employer liable because the company did not have a social media policy informing employees that their LinkedIn accounts were the employer’s property.

•  BYOD (Bring Your Own Device) –  Companies that access personal devices: potenHal violaHon of privacy/misuse –  Rights to and protecHon of corporate data in personal devices –  Burden of proof on trade secrets and intellectual property rights

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Social Media as a Tool •  Subpoenas to be served via Facebook and Twifer in Estonia – ConsideraHon by the Ministry of JusHce –  hfp://thenextweb.com/eu/2012/03/19/subpoenas-‐to-‐be-‐served-‐via-‐facebook-‐and-‐twifer-‐in-‐estonia/

• Portugal Second Life E-‐JusHce Center – ArbitraHon center based on the United NaHons Commission on InternaHonal Trade Law on InternaHonal Commercial ArbitraHon

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Arkansas death row inmate spared by juror’s tweet “Choices to be made. Hearts to be broken … We each define the great line.” “It's over.” “the coffee sucks here”

9 Dec 2011

Prejudicial Contempt Trial by Media


American Bar AssociaHon Formal Opinion 466: Lawyer Reviewing Jurors’ Internet Presence

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•  Unless limited by law or court order, a lawyer may review a juror’s or potenHal juror’s Internet presence, which may include posHngs by the juror or potenHal juror in advance of and during a trial, but a lawyer may not communicate directly or through another with a juror or potenHal juror.

•  A lawyer may not, either personally or through another, send an access request to a juror’s electronic social media. An access request is a communicaHon to a juror asking the juror for informaHon that the juror has not made public and that would be the type of ex parte communicaHon prohibited by Model Rule 3.5(b).

•  The fact that a juror or a potenHal juror may become aware that a lawyer is reviewing his Internet presence when a network sewng noHfies the juror of such does not consHtute a communicaHon from the lawyer in violaHon of Rule 3.5(b).

•  In the course of reviewing a juror’s or potenHal juror’s Internet presence, if a lawyer discovers evidence of juror or potenHal juror misconduct that is criminal or fraudulent, the lawyer must take reasonable remedial measures including, if necessary, disclosure to the tribunal.

hfp://www.malaysianbar.org.my/press_statements/press_release_%7C_halt_court_marHal_of_major_zaidi_ahmad_pending_judicial_review_by_high_court.html

hfp://3.bp.blogspot.com/-‐Q8Z6JDlJfBQ/VFnzJERrcHI/AAAAAAABvlU/XK-‐FKSok8sM/s1600/tson.gif

Military court quashes bid by Major Zaidi’s counsel to declare mistrial

19 Dec 2014

hfp://www.themalaysianinsider.com/malaysia/arHcle/military-‐court-‐quashes-‐bid-‐by-‐major-‐zaidis-‐counsel-‐to-‐declare-‐mistrial

1 Jan 2015

Bersih 2.0 reports Facebook post on Zaidi court martial hfp://www.freemalaysiatoday.com/category/naHon/2015/01/01/bersih-‐2-‐0-‐reports-‐facebook-‐post-‐on-‐zaidi-‐court-‐marHal/


Other Social Media Related Challenges • Rapidly increase of e-‐evidence and convenHonal documents •  ExpectaHon for service delivery through social channels • Demand for instant graHficaHon • Crowd-‐ranking of courts (civil cases), law firms and lawyers

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Evolving Legal Landscape of Social Media What’s Next?

•  Embrace social media! • Must have social media/BYOD policies (advise your clients too) •  Judicial guidelines on rant vs threat vs sediHous • Revisit definiHon of First InformaHon Report • Police power on overt and covert collecHon of e-‐evidence • Admissibility of e-‐evidence • Policy on social media usage by judges, court staff, prosecutors, law firm and lawyers

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Evolving Legal Landscape of Social Media What’s Next?

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Oracle SRM (Social RelaHonship Management) •  End-‐to-‐end: from Listening to Engaging •  Advanced Latent SemanHc Analysis (LSA) •  700+ million messages daily •  Deeper & more precise data •  RouHng & auto-‐categorizaHon •  Custom topics & indicators •  Global languages & data

Oracle SRM


Oracle Integrated Judiciary Management SoluHon Func<onali<es

Create Case Write, Edit, Annotate Task Management e-filling

Allocation Search and Compare Automated Process Fee Payment

Scheduling Templates and Smart Tags Team Working Mailing & Notifications

Notifications Sharing & Social Network Back office Support Multiple Interfaces

Combine Cases Scan and Archiving Monitoring and Reporting Remote Access

Case Knowledge/ Content

Process Access

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Some of Our Successes • Abu Dhabi Judicial Department • Belgian Council of Aforney Generals • Brazil Labor Superior Court • Brazil Santa Catarina Court of JusHce • Dutch Ministry of JusHce • Dutch Public Prosecutor Service •  Estonia Integrated Legal and Criminal Proceedings System

• Mexico Querétaro State Integrated JusHce • Romania Ministry of JusHce •  Turkey NaHonal Judiciary InformaHcs System (UYAP) • US Federal Department of JusHce • US California San Joaquin County Integrated JusHce • US Maryland Integrated JusHce • US New York Department of JusHce

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Are You Ready for the Radical Change?

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“The need to comprehend and uHlize technology in the field of law in legal pracHce, the courts or in a transacHonal pracHce cannot be underscored. In so far as the legal profession globally is concerned, it is envisaged … that legal insHtuHons and lawyers are poised to change radically over the next few decades. This is afributable largely to the giant strides in technology.”

The Right Honorable Tun Arifin Zakaria, Chief JusHce of Malaysia InternaHonal Malaysia Law Conference, 24 Sep 14

Giant strides:

Cloud Mobile Social Big Data


Thank You!

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hong-‐[email protected] @he_koh linkedin.com/in/hekoh

Hong-‐Eng Koh Global Lead, Jus<ce & Public Safety (JPS) Public Sector Industry Solu<ons Group