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13 Minn. J.L. Sci. & Tech. 1 (2012)

handle is hein.journals/mipr13 and id is 1 raw text is: Articles Writings on the Wall: The Need for an Authorship-Centric Approach to the Authentication of Social-Networking Evidence Ira P. Robbins* Introduction ......................................2 I. Uses of Social-Networking Sites ................... 6 A. General Uses..............................6 B. Fake Accounts .................. ........... 8 C. Hacking and Identity Theft ......... .......... 10 II. Social-Networking Postings in Litigation . .......... 13 III. Authentication of Social-Networking Evidence............ 16 IV. Critique of Judicial Approaches to Authentication of Social-Networking Evidence ..................... 19 A. Punting Reliability Concerns to the Fact-Finder.....20 B. Relying on Recipient Testimony ..... .......... 22 C. Requiring Testimony About Potential Outside Access to an Account....................22 D. From Establishing the Account Owner to Establishing the Author of a Specific Posting .......... 24 © 2012 Ira P. Robbins * Barnard T. Welsh Scholar and Professor of Law and Justice, American Uni- versity, Washington College of Law. A.B. University of Pennsylvania; J.D. Harvard University. I am grateful to my superb and indispensable research assistants-Elizabeth Aniskevich, Dana Bucy, Kierstan Carlson, Jay Curran, Giulia Di Marzo, Christin Helms, Kara Karlson, Tracey Little, Laura Peter- son, Libby Ragan, and Amy Smith-who taught me a great deal more than I ever taught them; to Andrew Robbins-the master guru of all things comput- er- and Internet-related-for invaluable editorial suggestions, for keeping me apprised of technological developments and of new ways to take over some- one's identity on social-networking websites, and for steering me clear of unin- tended pitfalls; and to the American University Law School Research Fund, for providing summer financial support. 1

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