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Instagram users can access their archived Instagram Stories through four easy steps:

This default feature on Instagram is automatically applied and saves posts made on Instagram Stories, even though users might be unaware of the feature.

Although this data may provide a case-altering photo or video, a discovery request for the Data Download could elicit an objection from plaintiff’s counsel that the request is “overbroad and unduly burdensome.” Instead, the simpler way for a plaintiff to access prior Instagram Stories is through Instagram Archive.

A download of a user’s Instagram Data creates a zip drive that contains all of the photos or videos a user has posted, old Stories they have saved and more. Instagram stores a user’s Stories in two different ways: Instagram Data Download and Instagram Archive. While one may think these posts to Instagram Stories disappear into oblivion, they do not. Depending on the user’s preferences, Stories can be shared during that time frame with the public, a user’s followers or a specific group of followers personally selected by the user known as “close friends.” Instagram Stories are photos or videos that appear on a user’s feed for 24 hours and then disappear. Instagram provides four platforms for sharing information: Instagram Posts, Instagram Live, Instagram Stories and Instagram Reels. A likely reason for this growth is due to the variety of ways users can share information with their followers. “A majority of 18- to 29-year-olds say they use Instagram (71 percent) or Snapchat (65 percent), while roughly half say the same for TikTok,” according to a Pew Research Center report by Brooke Auxier and Monica Anderson. Instagram has become one of the more popular forms of social media, especially for young adults. “Meanwhile, visits to Instagram were up 43 percent, Twitter 36 percent, and 3 percent for Facebook, which is still impressive considering how massively popular the site already was,” Reported Rani Molla in an article for Vox. “Visits to TikTok’s website grew nearly 600 percent on average in 2020 compared to the year before,” according to SimilarWeb. Not surprisingly, social media participation increased during the COVID-19 pandemic. Eighty-six percent of people between the ages of 18-29 use at least one social media site. However, one age group continues to dominate social media use. Since 2006, all age groups have increased their social media participation. The internet continues to grow in scale and become more widely used by all ages and demographics. Social media discovery requests have become particularly important in cases involving younger plaintiffs. For example, a request for production of documents that seeks a plaintiff’s Instagram Stories may reveal information crucial to a case’s outcome, such as the plaintiff admitting to a non-injury or revealing the existence of a previously unknown interested party.

In order to use this tool to its full advantage, attorneys are requesting and obtaining information from opposing parties’ social media accounts during written discovery more and more frequently to find information that a party might not otherwise document. Discovery requests are a vital when building or finalizing a case.

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