Reply to post: Re: snapshot versus screenshot of snapshot's Wayback Machine is legit legal evidence, US appeals court judges rule

eldakka Silver badge

Re: snapshot versus screenshot of snapshot

how do you establish that a screenshot of said archive is legit? Even if the site itself is legally sound, a screenshot seems highly dubious...

Because when evidence is presented, then it is usually taken at face value unless there is some reason to doubt it.

If the lawyer presenting the screenshot says: "I took this screenshot last week, and it shows..." then unless there is some articulable reason for not believing the lawyer, then it is taken to be the case.

That's how the whole chain of custody works. SOCO says "I found blood sample A at scene of crime, and sealed it into evidence bag 234a3dsa, and placed it into storage container 1234 that was sealed on completion of gathering evidence at the crime scene."

Then Constable Fred says "I unsealed storage container 1234, took sealed evidence bag 234a3dsa from it, and delivered it to Bob at the lab."

Bob then says "I received sealed evidence bag 234a3dsa from Constable Fred and gave it to lab technician Jones."

Lab technician Jones says "I received sealed evidence bag 234a3dsa from Bob, unsealed it, and performed DNA tests per standard procedure XYZ, and these are the results of that test".

Every step of that chain depends on believing the person who made those declarations. To cast doubt on that evidence, then it is up to the person trying to cast doubt on articulating that doubt and presenting evidence themselves to back up their claims.

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon

Biting the hand that feeds IT © 1998–2019