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Third Circuit Sets Standard for Facebook Chat Evidence
Rejecting the appeal of a convicted child molester who used Facebook to exchange explicit photos of minors, a federal appeals court clarified how online chats can be authenticated as criminal evidence.
Grappling with an issue of first impression, the U.S. Court of Appeals for the Third Circuit held that a preponderance of the evidence ' including testimony from federal agents and victims ' showed that defendant Tony Browne did create messages containing nude photos of minors obtained through coercion. Browne, of the U.S. Virgin Islands, claimed that prosecutors couldn't prove he authored the messages. See, U.S. v. Tony Jefferson Browne, No. 14-1798 (3d Cir. Aug. 25, 2016).
The court, however, shot down the prosecution's argument that Browne's Facebook chat messages between 18-year-old Nicole Dalmida and four of her underage friends could be authenticated by a certificate from Facebook's records custodian, admissible under the same federal rules that allow business records into evidence.
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