As if finding, gathering and making sense of e-discovery was not hard enough, litigators now have to solve the disappearing data puzzle. Applications like SnapChat, Telegram, Confide and Wickr actively erase text or pictures once viewed by the recipient. Consumers’ desire for privacy is no doubt driving the growth of these services—in fact, after Facebook announced its acquisition of WhatsApp, fears that Facebook would mine messages sparked an 8 million jump in Wickr subscribers.
But these messaging services can also be used to delete incriminating content. Litigators must devise strategies to uncover whether parties to litigation are using such services, to determine the content of any relevant messages that have been deleted, and the potential effectiveness of a spoliation claim.
Truly Gone?
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