Technological heebie-jeebies

Lawyers attempting to get social networking into evidence must contend with a group of judges who probably have never used a social networking site among the seven of them. (I'd love to be proven wrong. To be fair, a quick check of Facebook shows that Judge Bell has a page with 30 friends, including public figures ...

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  1. The court explained that its ruling was prompted in part by the fact that the MySpace printout “was a key component of the” prosecution’s case, but noted it was not suggesting “that printouts from social networking sites should never be admitted.” Griffin No. 2. It suggested that “avenues . . . to properly authenticate a posting or a profile printed from a social networking site will continue to develop as” efforts to use data from such sites increases. Federally, some of the uncertainty involving evidence printed from social networking sites has been addressed by embracing the notion of `conditional relevancy,’ pursuant to Federal Rule 104(b), which provides `[w]hen the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.’

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