Preserving Evidence of Internet Publication

Dan Michaluk

Type the Presentation Name Here (in master view)

Preserving Evidence of Internet Publication

• Who?• No – You, your admin

• Good – Our client (responsible manager)

• Better – Our client (internal security)

• Best – Online investigation pros (they exist)

Type the Presentation Name Here (in master view)

Preserving Evidence of Internet Publication

• When?• Immediately

• Use alert services• It can be gone in 10 minutes

• Periodically• Duration is usually relevant• Don’t rely on page change identification services

Type the Presentation Name Here (in master view)

Preserving Evidence of Internet Publication

• What?

Defamatory meaning in the words may be discerned

from “all the circumstances of the case, including

any reasonable implications the words may bear, the

context in which the words are used, the audience to

whom they were published and the manner in which

they were presented”

Botiuk v. Toronto Free Press Publications Ltd. (SCC)

Type the Presentation Name Here (in master view)

Preserving Evidence of Internet Publication

• What?

John Smith knows what to do to succeed at in business.

Type the Presentation Name Here (in master view)

Preserving Evidence of Internet Publication

• What?

PHOTO OF MAN KISSING BOSS’S BEHIND REMOVED FROM THIS VERSION DUE

TO LICENSING CONCERNS

Type the Presentation Name Here (in master view)

Preserving Evidence of Internet Publication

• What?

Internet blogging is a form of public conversation. By

the back and forth character it provides an

opportunity for each party to respond...

This distinguishes the context of blogging from other

forms of publication of defamatory statements.

Baglow v. Smith (Annis J. of SCJ in 2011)

Type the Presentation Name Here (in master view)

Preserving Evidence of Internet Publication

• How?• Print, PDF, video or whatever, provided…

• …you can readily prove it is authentic• …it reasonably represents “the” publication• …it captures evidence about time and links• …its price is proportionate to what’s at stake

• You will usually need to create a physical log of

activity

Type the Presentation Name Here (in master view)

Preserving Evidence of Internet Publication

• Next time

Finding and Preserving Text Messages

\m/ (>_<) \m/

Preserving Evidence of Internet Publication

Dan Michaluk