Most people know that the Internet Archives (http://webdev.archive.org/)attempts to capture and save the webpages.
But are these archives admissible in court? Good question and one that was answered in a federal case for the Northern Distrtic of Illinoisthe following comes from Cricket Technologies Case Index Update newsletterhttp://www.crickettechnologies.com/index.html
<snip>Telewizja Polska USA Inc. v. Echostar Satellite Corp., No. 02 C 3293, 2004 U.S. Dist LEXIS 20845 (N.D. Ill. Oct. 15, 2004).(last updated: Oct/22/2004 12:57 pm EST)
Plaintiff moved in limine to prohibit defendant from proving what plaintiff's website looked like on various dates. The exhibit came from an Internet archive company and was accompanied by an affidavit from a custodian witness. Plaintiff contended that the website exhibit was inadmissible as double hearsay and also had not been properly authenticated. The court rejected plaintiff's arguments, holding that the website images and text were not "statements" under the hearsay rule and in any event would be an exception to the hearsay rule because they were admissions of a party opponent. Further the court ruled that the exhibit had been properly authenticated in view of the fact that plaintiff had not presented any evidence that the Internet archive source was unreliable or biased and plaintiff had not otherwise challenged the veracity of the exhibit. Plaintiff also moved to bar defendant from introducing a redacted email from defendant's president. The court granted this motion because the defendant's president had testified in deposition that he had no recollection of the email. <snip>
the internet archives does have a new feature that allows you to compare two different dates for the same website.
-- Peter A. Kurilecz CRM, CARichmond, [log in to unmask]

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