Text Message, Email, and Social Media Authentication

http://ow.ly/6G2KL

An article by Philip K. Miles, III on lawfficespace.com website.

This article discusses the important topic of authentication of electronically stored information as evidence in litigation.  The article discusses a case in which the evidence offered was deemed to have been inadmissible since it was not properly authenticated.

"Earlier this month, the Superior Court of Pennsylvania addressed the authentication of text messages in a criminal case, Com. v. Koch, 2011 WL 4336634 (Sept. 16, 2011). As a matter of first impression, the Court held that text messages on the defendant's cell phone were not properly authenticated."

As the article states, "The Court specifically noted in its analysis:

[T]he difficulty that frequently arises in e-mail and text message cases is establishing authorship. Often more than one person uses an e-mail address and accounts can be accessed without permission. In the majority of courts to have considered the question, the mere fact that an e-mail bears a particular e-mail address is inadequate to authenticate the identity of the author; typically, courts demand additional evidence."

The author goes on to state, "I don't think I'm making too much of a leap here to suggest that authentication of social media may require more than just, "it came from your account" too. "

This will be an issue to watch, as procedures become more developed as to how to properly authenticate electronically stored information that comes in text form, email form or from social media posts.