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e-Discovery Law & Strategy

October 2007

Analyzing Instant Messaging As Evidence

By Ken Strutin

Instant messaging is an increasingly popular medium that is sometimes an important link in the prosecution’s case. As with every new communication tool, it brings new challenges for criminal procedure. This multi-layered technology provides the convenience of e-mail coupled with the immediacy of a phone call. At the same time, its informality allows anonymity and raises concerns about privacy, authentication, best evidence and identification.

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