TDCAA Community
Internet Predicate

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3081028731

October 04, 2006, 15:38
JP
Internet Predicate
Has anyone had to prove up identity of a person creating a web page, myspace, etc? Also, once that was done, were you able to get in the "hearsay" info that was on the web page? Thanks for your input!
October 04, 2006, 15:48
Stacey L. Brownlee
Might be more willing to discuss that issue if we knew who you were (ie update your profile) !
October 05, 2006, 15:00
Jeff Bray
You can link up the content to an author through several methods. Best is seize the computer and run a forensic scan. Can also determine teh IP address of the author and see who has access to the computer at that IP address.

Once you can link it to a person with some degree of certainty (authenticate it) the question becomes whether it's a statement of te defendant, party opponent, or a witness who will need to testify, unless offered for the effect on the hearer or some other exception.
October 05, 2006, 15:58
RR
Should you seize the computer make sure you your lab guys ghost it. Also make sure they can testify to the programs used to search your computer and ghost it. I agree with the last post about the IP. You will never be able to show with absolute certainty that this is the person behind the post but through a bunch of circumstantial evidence it helps. You can also try and find out from Myspace or whatever site the posters info. that they used to register the sight. Another great technique if they haven't erased them is to look at the cookies, but of course your forensic people should be able to pick all of this up. Of course all of this takes time.
October 05, 2006, 16:47
GG
SB (Stacey B, not Scott B.), JB has started a whole new trend. I present JP as evidence thereof. Why, just the other day, KH, SB (Scott B not Stacey B), BG, AP, SW and I were talking about this new craze with the initials.

This whole initials thing could get quite confusing... Big Grin

GG
October 05, 2006, 16:56
Kathy Holton
Wait Wait GG. No using my initials..(KH) I wish to remain anonymous. I don't want to get over exposed on the TDCAA forum! Razz