NJSBA Family Law Section

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  • 1.  Authentication of social media account/posts

    Posted 03-22-2019 02:32 PM
    Dear counsel,

    Been asked by Judge to brief  the issue of authenticating a social media Snapchat account which we purport belongs to mom, and reveals behavior not only potentially criminal but could also impact current custody issue.  My client (dad) received a Snapchat video from a mutual friend.  He is not a friend of the mom on Snapchat, so the video creator is a third party who does not want to be identified. 

    We argue the account can be traced to mom because it utilizes the same name she uses across other social media platforms (Instagram), and also contains identifiers that link the Snapchat account and the Insta account (icons, terminology).

    Point in introducing the video is not to prove she's doing something illegal, but to show the account is hers and let judge make whatever inferences she wants, as she already knows mom has a substance abuse history.

    Judge claims my client can't authenticate the video, despite his receipt of it and familiarity with how Snapchat works, but that I need an "expert."  I pointed out State v Hannah that says there is no additional special means of authentication required, as social media is treated as a writing.

    Has anyone dealt with this without finding an expert?

    thanks in advance,
    Sadaf


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    Sadaf Trimarchi Esq.
    Leonia NJ
    (201) 292-4536
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  • 2.  RE: Authentication of social media account/posts

    Posted 03-22-2019 04:52 PM

    Sadaf, 
    here is the snapchat guidelines and protocol for responding to court orders and subpoenas. https://storage.googleapis.com/snap-inc/privacy/lawenforcement.pdf
    The more limited your request, the quicker they will respond from my ADA experience. 

    A forensic computer person could pull this information off the actual phone too. I've thought about getting an order ex-parte for the phone to be turned over when the adversary is in court or appears at deposition to have the forensic expert pull the data. Im waiting for the right test case. 

    Good luck
    Tom King



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    Thomas King Esq.
    Kinnelon NJ
    (973)750-8348
    [email protected]
    www.njfamily.law www.njdivorce.law
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    Original Message


  • 3.  RE: Authentication of social media account/posts

    Posted 03-22-2019 05:21 PM
    Thanks so much!

    Sadaf

    Law Offices of Sadaf Trimarchi
    337 Vreeland Avenue
    Leonia, NJ 07605
    (201) 292 - 4536 (phone)
    (201) 482 - 5352 (fax)

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    Original Message