Obtaining and Using Social Media Evidence: Practical Tools for Admissibility, Preservation, AI Challenges, and Expert Collaboration

Colin Miller | Joseph F. Rice School of Law

Professor Colin Miller is a nationally recognized authority on evidence law, with a particular focus on the evolving legal standards surrounding social media evidence in litigation. As a scholar and educator, he has written extensively on authentication, hearsay, character evidence, and the best evidence rule—core doctrines increasingly tested by the rise of digital communication platforms.

Professor Miller’s research and teaching explore how traditional evidentiary principles adapt in the face of modern challenges, including the admissibility of social media posts, digital authorship, and the impact of online content on character assessments and hearsay exceptions. He is frequently invited to speak at legal conferences, continuing legal education (CLE) programs, and law schools across the country, offering practical insights into navigating the complexities of digital evidence in the courtroom.

In addition to his academic work, Professor Miller is the creator of the widely read EvidenceProf Blog, where he analyzes recent case law developments involving social media and digital authentication. His ability to bridge theory and practice makes him a go-to resource for attorneys seeking guidance on the admissibility and strategic use of social media evidence in both civil and criminal cases.

Jeff Martin | Evidence Solutions

Jeff Martin is a certified Digital Forensics Expert with over 20 years of experience. Jeff specializes in Cell Phone Forensics, Computer Forensics, Black Box/EDR Forensics, Cybersecurity, EMR/EHR Forensics, Audio/Video/Imagery Forensics, and more. Jeff has conducted hundreds of digital forensics investigations on cases involving the acquisition, preservation, and analysis of data in legal disputes in both state and federal courts.

He initially made a mark as a small business IT consultant, lauded for his knack for simplifying technical information to non-technical audiences. Following a successful decade as the Director of Information Technology & Security in the Financial Industry, he earned the Certified Credit Union Executive (CCUE) certification after attending the Credit Union National Association’s (CUNA) Management School.

Jeff then applied his passion for technology to solving crimes as a Digital Forensics Analyst for the Michigan State Police. Today, Jeff is a Senior Digital Forensics Analyst and Expert Witness at Evidence Solutions and serves as an adjunct instructor at Northern Michigan University, teaching Cybercrime and Computer Hacking Forensic Investigations. Jeff’s wealth of experience and expertise, coupled with his impressive testimony record, solidifies his status as a highly respected expert in the field.

Tom Plunkett | ArcherHall

Thomas Plunkett is Managing Director of Digital Forensics & eDiscovery at ArcherHall. He is a Certified Information Systems Security Professional (CISSP) and EnCase Certified Forensic Examiner (EnCE) with over 20 years of experience in digital forensics, cybersecurity, and counterintelligence. He holds a master’s degree in information systems and is an adjunct professor, teaching cybersecurity and digital forensics topics at the University of San Diego. Tom has led investigations involving data breaches, computer hacking, theft of intellectual property, and foreign intelligence operations. His clients have included all levels of government, law firms, casinos, medical device manufacturers, hospitals, technology companies and celebrities.

Amber Schroader | Paraben Corporation

For 30 years, Ms. Schroader has been a leading innovator in digital forensics. She’s developed software to recover data from various sources, including smartphones, hard drives, cloud storage, email, and even gaming systems. Her expertise extends to creating protocols for evidence seizure and processing, used by organizations worldwide.

Ms. Schroader’s vision extends beyond specific tools. She’s championed a “360-degree approach” and “Forensics of Everything (FoE),” emphasizing the importance of considering the complete picture of digital evidence. This influential perspective has pushed the field towards a more holistic approach.

Her contributions go beyond software. Ms. Schroader is an accomplished instructor, having written and delivered numerous courses in this specialized field. She’s even founded certifications, further solidifying her role in shaping the digital forensics landscape. Her passion continues through industry talks and book contributions.

Scott Greene | Evidence Solutions

For over 42 years, Scott Greene has been helping judges, attorneys, and organizations understand data. He collects, analyzes, and explains complex electronic and digital evidence in legal matters. His extensive and diverse experience allows him to be an expert in many facets of digital technology, including Cell Phone Forensics, Black Boxes / Event Data Recorders (EDRs), Triangulation, Electronic Logging Devices (ELDs), Computers, Electronic Medical Records (EMR) Forensics, eDiscovery, Mobile Device Passcode Breaking, and much more.

Scott founded Evidence Solutions, Inc., a premier forensics and expert witness firm, and Great Scott Enterprises, Inc., which provided superior computer consulting services. Today, Scott is an Affiliated Professional Member of the American Bar Association and heads the Digital Forensics Division of Evidence Solutions, Inc., working as an Expert Witness and Digital Forensics professional. He has served as an Expert Witness and Special Master in both Federal and State courts and has provided expert testimony in more than 50 cases. He is a sought-after speaker and educator and travels throughout the country, presenting to local, regional, national, and international organizations.

Session I – Assessing the Admissibility of Social Media Evidence | 12:00pm – 12:45pm

• Authentication rules for social media evidence
• Best evidence rules for social media evidence
• Hearsay rules for social media evidence
• Character evidence rules for social media evidence

Break | 12:45pm – 12:55pm

Session II – Beyond the Screenshot: Obtaining and Using Social Media Evidence in Investigations and Litigation | 12:55pm – 1:55pm

• Investigative techniques and considerations for authenticating social media content
• Preservation and chain-of-custody protocols
• Collaborating with experts and investigators
• Platform-specific challenges and emerging trends

Break | 1:55pm – 2:05pm

Session III – Truth or Tech: Navigating AI-Generated Evidence in the Courtroom | 2:05pm – 3:05pm

• AI-generated and manipulated content
• Impact of AI on social media evidence
• Current legal framework for authentication
• Authentication challenges specific to AI-generated evidence
• Emerging case law and judicial perspectives

Break | 3:05pm – 3:15pm

Session IV – Social Media Evidence in Practice: Extracting, Preserving, and Using Artifacts from Diverse Sources | 3:15pm – 4:00pm

• Social media artifacts from smartphones
• Social media artifacts from OSINT
• Social media artifacts from compliance data

Break | 4:00pm – 4:10pm

Session V – How Experts Recover, Preserve, and Analyze Social Media Evidence | 4:10pm – 5:10pm

• Forensic techniques for capturing social media evidence
• Understanding metadata and hidden information
• Handling deleted or obscured content
• Risks of self-collection and DIY evidence gathering
• Working effectively with digital forensic experts
• Expert witness testimony in social media cases