White Paper

Overcoming the Challenges of Admissibility of Email and Internet Evidence


Using electronic evidence poses a huge problem in the legal field. 91% of adults online use daily electronic communication, but use of electronic evidence directly challenges evidentiary rules. Since there are no standard rules for admissibility of electronic evidence, judges have considered admissibility on a case-by-case basis, which directly impacts the outcome of certain cases. Although the rules for using electronic evidence are currently the same as in paper documents, the question of authorship and authentication is a crucial factor due to the ability to misrepresent or manipulate electronic information. This makes courts reluctant to use electronic evidence as a source for courtroom proceedings, but more recently, courts have realized that the law of “Internet evidence” has become clearer in using electronic evidence as an information source by using thoughtful application of traditional evidentiary premises.

Learning Objectives

- Learn the importance of Internet and email evidence.

- Identify the admissibility challenges of Internet and email evidence.

- Discover how to authenticate Internet and email evidence.




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