Tuesday, July 14, 2009

Gathering Evidence Online Can Be Tricky

Internet based lawsuits can be very challenging with regard to gathering and preserving evidence. The nature of digital evidence means that it may be lost in a second or extremely inaccurate and misleading.

One example of this is the difficulty in linking wrongful online behavior to the actual bad actor. Some services offer things such as email tracking to identify the actual individual associated with an email address. Experienced internet lawyers know that such services are often inaccurate and unreliable in a court of law.

Take the experience of poor Kimberly Higgins detailed on the Consumerist. This women has been wrongfully sued because her name happened to be linked to an email address used by a scammer who duped a gentlemen in Britain with an Iphone offer. Naturally, the man in London sought justice by filing a small claims suit in America. The problem - he is likely throwing good money after bad by bringing a suit based upon unreliable evidence he obtained from an email tracing service.

Unfortunately, too many people charge off into court without performing the due diligence necessary to know that their suit is based in fact. Essentially, this British gentlemen has based his lawsuit on information he obtained from an unverifiable source. It is akin to filing a lawsuit based upon an anonymous and unconfirmed Wikipedia entry.

Those looking to enter internet litigation may be well served to hire an internet law firm experienced in matters of gathering digital and internet based evidence.

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