Friday, April 6, 2012

11th Cir. affirms authentication of chat messages with testimony of minor

In United States v. Lebowitz, 2012 U.S. App. LEXIS 6859 (11th Cir. 2012), the Eleventh Circuit affirmed the authenticity of chat printouts after one of the participants, a minor, testified that they "were exactly what was on his computer." The minor had printed the messages, but "a section of chat messages was missing." An expert testified that the way the messages were printed "created a possibility for alternation," but there was no evidence of that occurring.


Click here for further discussion of authentication of digital evidence.

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