Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Third Circuit Sets Standard for Facebook Chat Evidence

By P.J. D'Annunzio
September 01, 2016

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.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

The Benefits of Blockchain for e-Discovery and Data Preservation Image

As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.