Proving Control Online: New SC Guidelines

Digital footprints matter. The Supreme Court has outlined how prosecutors and defense teams can establish social media account ownership or access and authorship of a social media post or private message. Here’s what you need to know.

• Social media account ownership or access and ownership of a social media post or private message may be established through direct and circumstantial evidence.
• Evidence can include admissions, observed actions, unique language patterns, and forensic reports from internet service providers, social media platforms, or device examinations.
• Technical evidence (e.g., geolocation, device history) is helpful but not indispensable—ownership or authorship can still be proven without it.

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