5 responses to “Facebook Evidence Disallowed By Court Due to Lack of “Identifying Characteristics”

  1. It sounds like the correct ruling – a simple printout of text is way too easy to fake or partially alter. Thanks for the links about the meta data, I didnt realise there was so many digital footprints that could substantiate authorship of tweets and facebook messages.

  2. Adam Cohen

    I wonder if this is addressed in Lorraine v. Markel (it’s too long of an opinion for me to check). What passed for authentication in all of those criminal cases? Why wasn’t the defendant required to produce the evidence. After all, he had access to his own postings, presumably. Why the need to go to third parties for the data, was there spoliation by the defendant? Thanks for your answers!

  3. Pingback: Social Media: Highly Relevant, Clearly Discoverable but No Workable eDiscovery Workflow – Until Now - X1

  4. Pingback: Facebook Download Your Information Function Omits Significant Amounts of Evidence - X1

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