Instant messaging is an increasingly popular medium that’s sometimes an important link in the prosecution’s case. As with every new communication tool, it brings new challenges for criminal procedure. This multilayered 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.
At heart, IMs are no more than words on a screen. But it would be a mistake to view them with a one-size fits all approach. They’re the result of complex communication and computer operations, subject to human error, computer error and manipulation. And they shouldn’t be blindly accepted or lumped together with more verifiable message formats, such as e-mail.
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