Emoticons and Emojis Hazards to be Aware of in Discovery - Bressler Amery Ross
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april 2019 RECOVERED.qxp_April 2019_NJL 3/22/19 12:58 PM Page 68
Emoticons
and Emojis
Hazards to be Aware of in Discovery
by Diana C. Manning and Kathryn B. Rockwood
echnology has transformed how individuals communicate.1
T Not long ago, people communicated by letter or telephone
call.2 Advances in technology then paved the way for email and
text messaging.3 Personal and business communications have
evolved from formal letters that took days to arrive to the
instant sending and receiving of written messages.4 In conver-
sation, much of what one means to say is conveyed by how he or she says it, the
expression on one’s face, and the harshness or softness of tone.5 The written word
often does not capture humor, sarcasm or context the same way, and text messages,
due in part to their brevity, exacerbate this issue. Emoticons and emojis are simply
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the next step in this evolution. These database that records and classifies all Jersey Appellate Division, the court
symbols and images replace words, emojis, there are a total of 2,823 official- grappled with the novel issue of authen-
superseding the actual language. For ly recognized emojis. 13
ticating and admitting proffered screen-
example, instead of driving to or calling shots of emojis as evidence.20 After being
the local Domino’s, ordering a pizza is Why Understanding Emoticons and convicted of violating a final restraining
now as simple as texting a ‘pizza’ emoji Emojis Matters order obtained by his ex-girlfriend
to a designated number. 6
Before emoticons and emojis became (A.T.), the defendant appealed, arguing,
As this form of communication popular, the written word was taken at among other things, that messages from
evolves, lawyers must be mindful of face value, and used colorful language to the application WhatsApp had been
how it will impact their cases from the express emotion or sentiment.14 Today, improperly authenticated and should
outset: What types of interrogatories however, it is common to attempt to not have been admitted into evidence.21
and document demands need to be con- create tone or indicate emotion by using During the underlying bench trial, the
sidered? Standard practice needs to be emoticons and emojis instead of incor- state submitted as evidence screenshots
adjusted for a changing world. porating clear language.15 Whether in an of multiple messages sent by the defen-
email or text, these symbols can be con- dant to A.T. using two different phone
Emoticon or Emoji: What’s the fusing or misinterpreted.16 numbers.22 “The messages consisted of
Difference? Why does knowing about emoticons question marks followed by exclamation
Before delving into how they impact and emojis matter?17 As emoticons and marks, emojis of lips and broken hearts,
the discovery process, it is helpful to emojis portray meaning, lawyers now and text including ‘Aww,’ ‘Sexy,’ and
understand just what emojis and emoti- need to consider the implication of that ‘Wow.’”23
cons are. Emoticons are the simpler of meaning in conveying the sender’s The trial court treated the screen-
the two types of characters.7 They are intent.18 Underlying this, lawyers must shots, including emojis, as social media
groups of keyboard characters, typically anticipate evidentiary issues arising evidence and applied the existing stan-
punctuation marks, that when com- from their use.19 As illustrated in the fol- dard under State v. Hannah for authenti-
bined are meant to portray facial expres- lowing case law, the increased appear- cation and admission purposes.24 In
sions; the intent to show emotion in ance of emoticons and emojis in various rejecting the defendant’s argument that
textual form. As defined by one court,
8
legal contexts present real issues of the screenshots were improperly
“[a]n ‘emoticon’ is an icon formed by interpretation—involving content and authenticated, the Appellate Division
grouping keyboard characters together context—that will need to be addressed noted that “[t]here was evidence show-
into a representation of a facial expres- by the courts, attorneys, and litigants. ing sufficient context and content such
sion. Emoticons are used to suggest an In State v. M.F., an unpublished opin- that one would expect the messages
attitude or emotion in computerized ion released in early 2018 by the New were sent by defendant only.”25 First,
communications.”9 Well-known exam-
ples of emoticons are the smiley face,
designated by :) or the frowning face,
designated by :( as well as the winking
face, designated by ;-) and the sticking
your tongue out face, designated by :P.10
Emojis are more advanced, tiny
images of characters (detailed picto-
graphic symbols) representing every-
thing from faces to flags to foods.11 The
DIANA C. MANNING, a principal at KATHRYN B. ROCKWOOD, an associate
dictionary defines an emoji as “any of Bressler, Amery & Ross PC, has more than at Bressler, Amery & Ross, P.C., is a
various small images, symbols, or icons two decades experience in complex com- member of the firm’s securities practice
mercial litigation, including professional group. She currently serves as a trustee for
used in text fields in electronic commu-
liability claims. Certified by the Supreme the Morris County Bar Association and as
nications to express the emotional atti- Court of New Jersey as a civil trial attor- a member of the District XA Ethics Com-
tude of the writer, convey information ney, she is an accomplished litigator who mittee.
handles a broad range of matters, and is
succinctly, [or] communicate a message also a skilled appellate practitioner, with
playfully without using words…”12 As of experience appearing before the New Jer-
sey Supreme Court.
June 2018, according to Unicode, the
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A.T. testified that she recognized the how emojis can directly impact a court’s used, the recipient of the symbol may be
phone numbers as belonging to the determination of evidentiary issues.35 viewing something very different than
defendant. Second, the court reasoned
26
Practitioners should understand how what was originally sent. The issue of
that “the content of the messages sup- the inclusion of emojis in a communica- cross-platform ambiguity is a com-
ported a reasonable inference” the tion affects the context and content of a pounded one because “[t]he sender and
defendant was the sender because, in given situation.36 recipient might never know they[] [are]
part, “[t]here [were] messages from both Other issues such as the platform uti- seeing different images.”45 Lawyers who
phones using the identical broken heart lized and advances in technology are learn to adapt their approach to discov-
emoji.” 27
Finally, as the messages con- also implicated. For example, the mes- ery are better able to address these dis-
tained broken heart emojis, this was sages in State v. M.F. were transmitted in crepancies.
consistent within the context of A.T. 2015 using the application WhatsApp;
and the defendant’s “recently ended prior to Oct. 2017, WhatsApp was a Timing is Everything
long-term romantic relationship.” 28
unique platform in that it did not use its In early 2018, Samsung introduced
own set of emojis, but instead used an ‘emoji-fix’ to address such cross-plat-
Interpretation in the Absence of a Apple’s emoji sets.37 This changed in form ambiguities and bring its emojis
Uniform Standard Oct. 2017 when “WhatsApp released its “much more in line with those of other
Due to the lack of any uniform stan- own emoji set and ceased using Apple vendors.”46 Before this update, Samsung
dard for interpreting the effect of emoti- emojis[.]” The differences between the
38
users who created a pistol emoji saw a
cons and emojis on accompanying text, Apple 2015 set and the WhatsApp 2017 realistic handgun similar to Gmail’s cur-
attorneys must always be sure the set create potential for misinterpreta- rent design; however, post-update Sam-
sender’s intent in the use of an emoti- tion.39
sung pistol emojis are now in line with
con/emoji is explored and explained.29 the green squirt gun Apple users create.47
In many respects, emoticons and emojis Implications in Discovery This makes the timing of the commu-
symbolize and are meant to take the Importance of Platform or Device nication in question especially relevant
place of what the sender would normal- A major challenge in interpreting the because whether it was sent prior to the
ly have sent by way of a verbal commu- meaning of emojis as compared to 2018 Samsung update or after will
nication. 30
Why? Well, as a practical emoticons is that there is cross-platform impact the sender’s intended emoji and
matter, it can be difficult to convey ambiguity in the design for emojis.40 what the recipient received. As plat-
humor just using words. 31
So, too, sar- Essentially, depending upon the plat- forms introduce updated designs almost
casm and tone are flat using just words.32 form and/or device one uses to create on an annual basis, keeping apprised of
Emoticons and emojis are meant to the emoji (e.g., Apple, Facebook, Gmail, the new symbols is critical to identifying
express that which cannot be truly Twitter, Samsung), the recipient of the potential hazards in emoji interpreta-
expressed in an email or text message emoji may not receive the same symbol tion. The issue of timing can be illustrat-
using only words (e.g., the smiley face, or image that was initially sent.41 Per- ed by a case involving the pistol emoji.
open-mouth smile, and frowny face are haps the most stunning example of In 2016, in State v. Wilson, a New Jer-
supposed to clarify or emphasize what- cross-platform design ambiguity is the sey federal district court confronted the
ever is said).33 Unfortunately, a frowny emoji of a pistol. Creating this emoji on issue of emoticons in the context of dis-
face and its many iterations mean many Gmail produces what appears to be a covery production and disclosure.48
things to many people, including dis- realistic handgun.42 However, creating a Specifically, a defendant charged with
pleasure, frustration, or anger. 34
pistol emoji on an IPhone X, for exam- the possession of a “firearm as a convict-
Emoticons and emojis inject subjec- ple, results in what looks like a green ed felon” filed several motions regarding
tive meaning and emotions and can squirt gun.43 The interpretation of a mes- the production of discovery materials,
take the place of words. While they are sage that contains a squirt gun may be including the disclosure of a confiden-
certainly helpful in furthering personal very different from one that contains tial informant’s identity who had identi-
expression, such nonverbal communica- the image of a handgun. 44
fied the defendant to the authorities.49
tions present ripe legal dilemmas when Practitioners must be aware of the The basis of the defendant’s motion
judges and juries are asked to decipher appearance of the emoticon or emoji to for disclosure was that “‘the information
intent in a manner at odds with what both the sender and recipient across dif- provided by the informant was the only
the speaker claims to have really meant. ferent technology platforms. Depending evidence that [defendant] possessed a
The opinion in State v. M.F. is telling of upon the operating system or platform firearm.’”50 In opposing the motion, the
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United States pointed to other evidence, Language Barriers rat ass bitch got my cousin bagged all like
including the substance and timing of Issues of interpretation are further that’s ya best friend SMD [(suck my d***)]
tweets from the defendant’s Twitter compounded by actual language barriers who got a problem bout it’s w.e [(whatev-
account that independently supported across cultures. Emojis cannot be said to er)] I ain’t hiding [(three emoji 100 signs)]
the underlying charge in the indict- be universal: “[t]he images represented n u keep lying saying u didn’t but here’s
ment.51 The United States submitted to by emoji can have or develop very dif- the proof [(emoji 100)]. [Witness’s first
the court a video uploaded to the defen- ferent overtones and usage depending name] the f***in Rat YA DONE!!!! Free
dant’s Twitter account shortly before the on a user’s language and culture[]... Oosoo Milk Nificent and Mikey #FTR (F***
defendant was arrested in which the [p]eople can use combinations that refer The Rats) #FTL [(F*** The Liars) (seven
defendant is seen holding the firearm to specific words in their language, such middle finger emojis)].67 (emphasis
police had ultimately seized from him. 52
as a bombshell movie…in English.” 59
added).
Accompanying the video was the fol- Emojis are used in place of verbs or
lowing tweet by the defendant: ‘“[a]nd I adjectives as well as nouns, and different The defendant argued that his Face-
got a 40 [emoticon of a handgun] my 40 languages place those words in a differ- book post was merely an expression of
ah [expletive deleted] ya [emoticon of a ent order than English, further compli- his opinion that the witness was a hyp-
handgun and an explosion].”’53 The cating the possible interpretations.60 ocrite, and that it was in no way a
court denied the defendant’s motion for This nuance—what the sender’s native threat.68 The trial judge issued an oral
disclosure of the informant’s identity, language is—may impact the interpreta- opinion after the indictment for witness
finding the defendant’s tweets constitut- tion of the emoji, and should be consid- tampering, finding the post revealed the
ed additional material evidence to sup- ered in discovery.61 Equally important intent of the defendant to threaten the
port the charge of possession of a are slang implications that often change witness.69 The judge noted that, ‘“[i]n
firearm beyond just the informant’s the meaning attached to symbols, and direct response to [the witness] agreeing
identifying information. 54
would extend to emojis. Although the
62
to testify in Michael Kee’s trial, [defen-
In retrospect, the Wilson case high- issue may not be dispositive, it is worth dant] posted a photo of [the witness’s]
lights the issue of how emoji interpreta- understanding the various meanings subpoena on Facebook and included
tion could be influenced by the plat- attributed to symbols on both a formal serious threatening language.’”70
form used and the emoji design at the and informal spectrum.63 Although the opinion does not
time in question. 55
Setting aside the In State v. King, a recent unpublished specifically address the impact of the
video of the defendant, had he tweeted opinion issued by the New Jersey Appel- emojis as they relate to the court’s find-
the pistol emoji in 2018, the court’s late Division, a defendant’s Facebook ing, the defendant’s inclusion of the
analysis may have differed because of post containing vulgar language and ‘hundred points’ emoji warrants discus-
the emojis drastically different appear- several emojis was found not to consti- sion of the meaning attached to symbols
ance. While it appears the Wilson court
56
tute protected free speech when viewed by different sources.71 Emojipedia lists a
used the terms emoticon and emoji in the context of threatening a potential variety of slang implications attributed
interchangeably, the defendant’s tweet witness. 64
The defendant was indicted to the hundred points emoji, highlight-
contained two pistol emojis. Up until for witness tampering in connection ing the difficulty presented by multiple
2018, Twitter’s pistol emoji design was with an ongoing murder trial involving interpretations of a single symbol.72 One
similar to a handgun, but was updated his co-defendant, who was charged with slang implication lends support to the
this year to a squirt gun. 57
How would murder. According to the state, the wit-
65
defendant’s intent to threaten based on
the court have weighed the significance ness in question had concealed a firearm the placement of the hundred points
of the defendant’s tweet if instead it used by the murderer and thereafter emoji in his Facebook post: “[t]his 100
contained two squirt gun emojis, which received a subpoena from the state.66 emoji is commonly used as a shorthand
bear no resemblance to a realistic hand- The defendant, a distant relative of the for 100%, with the usage meaning ‘keep
gun? On the other hand, the question of alleged murderer, obtained a copy of the it real’ or a similar sentiment.”’73 On the
interpretation would likely not have subpoena and posted it onto his Face- other hand, the hundred points symbol
changed at all if the defendant was book page, accompanied by the follow- “can be used to express pride or general
using a Microsoft platform instead of ing post: acceptance of an idea” and, when used
Twitter because Microsoft’s pistol emoji on Snapchat, “the 100 emoji appearing
has had the same design from 2016 to Man f*** this ik [(I know)] it’s early n all next to a fire emoji indicates a 100 day
the present.58 but frankly IDGF [(I don’t give a f***)] this Snapstreak.”74 When emojis are impli-
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cated in evidentiary questions, it is not interrogatories to address issues con- practice is increasingly important.
enough to assume that one’s personal cerning emoticons and emojis.86 These Emoticons and “[e]mojis have eviden-
interpretation of the symbol equates to include, but are not limited to, identify- tiary significance, and lawyers who want
the most commonly accepted interpre- ing the platform and device used to send a finder of fact to understand an online
tation.75
Indeed, when appropriate, it or receive the communication, the date conversation or text message fully can-
may be advisable to inform the factfind- and time of the communication, as well not afford to leave them out or not
er of the multiple definitions or slang as the native language of the person address them as a vital part of a larger
implications attributed to the same sending the message.87 Attorneys must piece of evidence.”95 A proper founda-
emoji, as this could impact the interpre- craft interrogatories to extract potential- tion must be laid, and it is essential that
tation analysis.76 ly material information such as intent, the record is complete, capturing the
context, and how the communication actual image/symbol presented to the
Discovery in the Age of Social Media was interpreted.88 For example, where an trier of fact, not just the word [emoti-
and Emoji/Emoticons attorney represents an employee in a con] or [emoji], to accurately reflect the
Emoticons and emojis present sexual harassment claim, a basic inter- declarant’s intent. As the case law
unique challenges in the realm of e-dis- rogatory would inquire as to whether shows, the need to adapt trial and dis-
covery.77 In a time when thousands of the employer “sent kissy face emojis to covery practices to the changing ways
documents are produced in electronic everyone, or just the one employee by which people communicate is essen-
format, reviewing attorneys must exer- asserting a sexual harassment claim.”89 tial to proving one’s case.
cise heightened scrutiny due to the lim- The response to this would potentially
itations of searching for emoticons and reveal useful information concerning
emojis buried in the production. Tradi-78
the employer’s intent and the context of Endnotes
tionally, using various e-discovery plat- the emoji for purposes of establishing or 1. See Cydney Grannan, What’s the
forms, attorneys may employ specific negating the employee’s claim. Difference Between Emoji and
search terms or phrases when pro- Written discovery needs to be adapt- Emoticons?, Encyclopedia Britannica,
pounding or reviewing discovery for rel- ed to determine the specific platform https://www.britannica.com/story/
evant information.79 However, emojis the text, email, or message was sent whats-the-difference-between-
present a unique challenge in that from. Additionally, the type and model
90
emoji-and-emoticons. (last viewed
search configurations for such symbols of the device used by the sender needs on Nov. 26, 2018).
are limited and may not detect the to be confirmed. A potential hazard of
91
2. Id.
emoji searched for.80 It is recommended neglecting to pay careful attention to 3. Id.
that attorneys consult various e-discov- these issues in discovery includes over- 4. Id.
ery platforms to determine whether and looking the fact that the appearance of 5. Id.
to what extent the e-discovery tools can emojis differs across platforms and as a 6. Domino’s, Domino’s AnyWare, https:
detect emoticons and emojis.81 result, between the sender and the recip- //www.anyware.dominos.com/.
Additionally, in the context of ient. Where both the sender and recip-
92
(last viewed on Oct. 30, 2018).
responding to requests for documents, ient of a communication containing an 7. Cydney Grannan, What’s the Dif-
attorneys must take sufficient time to emoji utilize the same platform (e.g., ference Between Emoji and Emoti-
conduct a similar review to ascertain Apple), there is less of a risk of facing cons?, Encyclopedia Britannica,
whether emoticons or emojis are pres- interpretation issues because the emoji https://www.britannica.com/story/
ent before production.82 If emoticons or will be the same for both individuals.93 whats-the-difference-between-
emojis are identified, attorneys may On the other hand, identifying early on emoji-and-emoticons. (last viewed
need to consult with their client in order that the sender used a different platform on Nov. 26, 2018).
to clarify issues such as intent and con- than the recipient can save time down 8. Emoticon, Merriam-Webster,
text prior to responding to document the road, because one can then research https://www.merriam-webster.com/
requests. Understanding a client’s rea-
83
the appearance of the emoji for the dictionary/emoji. (last viewed on
son for utilizing an emoji may provide a sender and the recipient.94 Oct. 30, 2018).
strategy or defense, or a need for one, 9. Ghanam v. Does, 845 N.W.2d 128,
that was previously unknown.84 Conclusion 133, n.4 (Mich. Ct. App. 2014).
Written discovery should not be The way emoticons and emojis are 10. See Cydney Grannan, What’s the
overlooked.85 It is important to tailor incorporated into discovery and trial Difference Between Emoji and
72 NEW JERSEY LAWYER | APRIL 2019 NJSBA.COMapril 2019 RECOVERED.qxp_April 2019_NJL 3/22/19 12:58 PM Page 73
Emoticons?, Encyclopedia Britannica, am-Webster, https://www.merriam- changelog/#fn1. (last viewed on
https://www.britannica.com/story/ webster.com/dictionary/emoji. (last Oct. 30, 2018).
whats-the-difference-between- viewed on Oct. 30, 2018). 47. See id.
emoji-and-emoticons. (last viewed 31. See id. 48. U.S. v. Wilson, No.: 15-cr-00521,
on Nov. 26, 2018). 32. Id. 2016 U.S. Dist. LEXIS 87908 (D.N.J.
11. Emoji, Merriam-Webster, 33. See Cydney Grannan, What’s the July 6, 2016).
https://www.merriam- Difference Between Emoji and 49. Id. at *1.
webster.com/dictionary/emoji. (last Emoticons?, Encyclopedia Britannica, 50. Id. at *16.
viewed on Oct. 30, 2018). https://www.britannica.com/story/ 51. Id. at *16-*17.
12. Id. whats-the-difference-between- 52. Id. at *18.
13. Emoji Statistics, Emojipedia, emoji- emoji-and-emoticons. (last viewed 53. Id.
pedia.org/stats/. (last viewed on on Nov. 26, 2018). 54. Id. at *31.
Oct. 30, 2018). For the full list of 34. See Patrick M. Milott, :-P Emojis 55. See Thuy Ong, Google and Face-
emojis recognized by Unicode, see and Emotions in Court, The book adopt water gun emoji, leav-
Full Emoji List, v11.0, Unicode, uni- Reporter, http://reporter.dodlive.mil/ ing Microsoft holding the pistol,
code.org/emoji/charts/full-emoji- 2018/08/08/emojis/. (last viewed The Verge (April 25, 2018), https://
list.html. (last viewed on Oct. 30, on Nov. 26, 2018). www.theverge.com/2018/4/25/1727
2018). 35. See State v. M.F., No. A-3602-15T2, 8902/google-dumping-pistol-emoji-
14. See Patrick M. Milott, :-P Emojis 2018 N.J. Super. Unpub. LEXIS 41 watergun-microsoft. (last viewed on
and Emotions in Court, The (App. Div. Jan. 9, 2018). Oct. 30, 2018).
Reporter, http://reporter.dodlive.mil/ 36. See id. 56. Id.
2018/08/08/emojis/. (last viewed 37. WhatsApp, Emojipedia, 57. Id.
on Nov. 26, 2018). https://emojipedia.org/whatsapp/. 58. Id.
15. Id. (last viewed on Oct. 30, 2018). 59. Emoji and Pictographs, Unicode,
16. Id. 38. Id. http://www.unicode.org/faq/emoji_
17. Id. 39. See id. dingbats.html. (last viewed on Oct.
18. Id. 40. See Full Emoji List, v11.0, Unicode, 30, 2018).
19. Id. http://unicode.org/emoji/charts/full 60. Id.
20. State v. M.F., No. A-3602-15T2, 2018 -emoji-list.html. (last viewed on 61. See id.
N.J. Super. Unpub. LEXIS 41 (App. Oct. 30, 2018). 62. See, e.g., Hundred Points, Emojipedia,
Div. Jan. 9, 2018). 41. Id. http://emojipedia.org/hundred-
21. Id. at *2, *6, *8. 42. Id. points-symbol/. (last viewed on
22. Id. at *1-2. 43. Id. Oct. 30, 2018).
23. Id. at *2. 44. Samsung Experience 9.0 Emoji 63. Id.
24. Id. at *12 (applying the standard Changelog, Emojipedia (Feb. 12, 64. State v. King, 2018 N.J. Super.
elucidated in State v. Hannah, 448 2018), https://blog.emojipedia.org/ Unpub. LEXIS 2215 (App. Div. Oct.
N.J. Super. 78 (2016)). samsung-experience-9-0-emoji- 9, 2018).
25. Id. at *15. changelog/#fn1. (last viewed on 65. Id. at *1-*2.
26. Id. Oct. 30, 2018). 66. Id. at *3-*4.
27. Id. at *14. 45. Edwina Oliver, Emojis in Law: Mak- 67. Id.
28. Id. at *13. ing a Mess of Messaging, Lawyers 68. Id. at *4.
29. See Patrick M. Milott, :-P Emojis Weekly (April 19, 2018), https:// 69. Id.
and Emotions in Court, The www.lawyersweekly.com.au/wig- 70. Id. at *6.
Reporter, http://reporter.dodlive.mil/ chamber/23089-emojis-in-law- 71. Hundred Points, Emojipedia,
2018/08/08/emojis/. (last viewed making-a-mess-of-messaging. (last http://emojipedia.org/hundred-
on Nov. 26, 2018). viewed on Oct. 30, 2018). points-symbol/. (last viewed on
30. See Emoticon, Merriam-Webster, 46. Samsung Experience 9.0 Emoji Oct. 30, 2018).
https://www.merriam-webster.com/ Changelog, Emojipedia (Feb. 12, 72. Id.
dictionary/emoticon. (last viewed 2018), https://blog.emojipedia.org/ 73. Id.
on Oct. 30, 2018); see Emoji, Merri- samsung-experience-9-0-emoji- 74. Id.
NJSBA.COM NEW JERSEY LAWYER | APRIL 2019 73april 2019 RECOVERED.qxp_April 2019_NJL 3/22/19 12:58 PM Page 74
75. See State v. King, 2018 N.J. Super. 84. See Apatoff v. Munich Re Am. Servs., findlaw.com/strategist/2017/10/not-
Unpub. LEXIS 2215, at *4 (App. No. 11-7570, 2014 U.S. Dist. Lexis your-fathers-e-discovery-emoji-
Div. Oct. 9, 2018). 106665 (D. N.J. Aug. 1, 2014). evidence.html. (last viewed on
76. See id. 85. See U.S. v. Wilson, No.: 15-cr-00521, Oct. 30, 2018).
77. See Rhys Dipshan, E-Discovery Can 2016 U.S. Dist. LEXIS 87908 (D.N.J. 90. See id.
Tame Emojis, But Can’t Outpace July 6, 2016). 91. See Edwina Oliver, Emojis in Law:
Them, Law.com, 86. See id. Making a Mess of Messaging,
https://www.law.com/legaltech- 87. See Edwina Oliver, Emojis in Law: Lawyers Weekly (April 19, 2018),
news/2018/02/26/e-discovery-can- Making a Mess of Messaging, https://www.lawyersweekly.com.au/
tame-emojis-but-cant-outpace- Lawyers Weekly (April 19, 2018), wig-chamber/23089-emojis-in-law-
them/. (last viewed on Nov. 26, https://www.lawyersweekly.com.au/ making-a-mess-of-messaging. (last
2018). wig-chamber/23089-emojis-in-law- viewed on Oct. 30, 2018).
78. Id. making-a-mess-of-messaging. (last 92. See id.
79. Id. viewed on Oct. 30, 2018). 93. Id.
80. Id. 88. See U.S. v. Wilson, No.: 15-cr-00521, 94. See id.
81. See id. 2016 U.S. Dist. LEXIS 87908 (D.N.J. 95. John G. Browning and Gwendolyn
82. See U.S. v. Wilson, No.: 15-cr-00521, July 6, 2016). Seale, More Than Words The Evi-
2016 U.S. Dist. LEXIS 87908 (D.N.J. 89. George Khoury, Not Your Father’s dentiary Value of Emoji, 57 No. 10
July 6, 2016). E-Discovery: Emoji Evidence, Find- Dri for Def. 34 (2015).
83. See id. Law (Oct. 16, 2017), https://blogs.
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