This article appeared in Cybersecurity Law & Strategy, an ALM publication for privacy and security professionals, Chief Information Security Officers, Chief Information Officers, Chief Technology Officers, Corporate Counsel, Internet and Tech Practitioners, In-House Counsel. Visit the website to learn more.
Generally speaking, the Federal Rules of Evidence require evidence to be authenticated before it can be admitted. Typically evidence is authenticated by some form of extrinsic proof sufficient to support a finding that the evidence is what the proponent claims it is. Often that proof comes in the form of a witness who can verify the evidence through testimony.
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