Evidence Preservation Tips
Crucial electronic evidence required for a successful libel suit is by definition “Perishable”
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Obtain verified copies of offending web pages before they are deleted
Federal Rules of Evidence 1001(3) says any printout shown to reflect the data accurately is an “original”. To have it certified and admissible you need a witness to swear that the printout accurately reflects what is on the web site.
Internet Service Providers (ISPs) often delete important log files within weeks or months of creation!
Rexxfield specialtY Services include The Following:
Note: Internet antagonist are often anonymous, or the author may be known but denies involvement. There are a few very important processes that can significantly reduce the expenses and delays associated with an Internet libel lawsuit and evidence discovery, or the total loss of perishable evidence.
Request preservation of I.P logs (Web site or email provider)
Internet Protocol Address (“I.P”) log files are perishable evidence. Some ISPs retain them for as little as six months, sometimes less. These crucial digital artifacts are electronic footprints required to positively identify an antagonist. For example, if the libel is posted on Blogspot.com, then the preservation request needs to be delivered to Google (Blogspot’s owner).
Request Preservation of Originating I.P logs (Cable or ADSL Company)
This is a chicken/egg dilemma in cases such as the Blogspot.com example because Google is the exclusive custodian of records relating to the antagonist’s activities within the Blogspot service. Unless Google provides the victim with this history, the chances of positively identifying the offender are drastically reduced; and Google will not provide them in most cases without a court order (they usually do not respond to subpoenas).
Investigative and forensic analysis to strengthen the case and circumvent problems associated with discovery delays
We use forensic and investigative techniques to obtain the antagonist’s originating I.P address; if successful the risks associated with loss of I.P log files are substantially reduced. In some cases this one element can reduce a fiercely resisted discovery delays by three to six months, or more, not to mention the legal fees associated with the battle. In most cases professional help is required for this element.
More tips to come soon.