Instant Messaging Electronic Evidence

Are ICQ logs admissible in court?March 15, 2001

"The posting of thousands of instant messages between a CEO and his executives has created a cottage industry for people looking for evidence of possible illegal activity. But whether information derived from the logs could be used in court is an unsettled legal question. Hundreds of pages of ICQ instant messaging logs were posted on the Web and copied onto various sites last week. The logs, apparently snatched by a hacker from a computer used by Sam Jain, CEO of eFront, have prompted a personal nightmare and crippled his company.
Judging from the messages posted on various Web sites, hundreds of people have been scanning the files, looking for everything from gossip to evidence of nefarious activities. The logs, which include discussions regarding business partners, employees and affiliated Web sites, could lead to possible legal troubles. . .
"It's always up to the judge," he said. "Ultimately, the judge can let anything he wants into evidence, and illegally obtained information can still be legally admitted." Yarbrough said the information contained in the logs would have to go to the heart of the case to pass muster with a judge. It would also have to be authenticated, to make sure that the messages were actually typed by eFront's founder."

Comment: Keep an eye out for listservs and threaded discussions in your electronic discovery. They may contain some excellent electronic evidence.