May Informal Transcripts from Chat Rooms be Admissible Evidence?
Martha L. Arias, IBLS Director Wednesday, August 01, 2007 A Nebraska District Court recently held that ‘cutting and pasting’ in a Word document fragments of Internet chatting do not constitute admissible evidence under the Federal Rules of Evidence (FRE). A law enforcement agent pretending to be a minor girl communicated with defendant via chat rooms. At the end of each chatting session, the agent ‘cut and pasted” fragment of the conversations and merged them into a Word document. This document was later submitted as evidence against defendant, who was indicted for knowingly attempt to persuade, induce, and entice a minor to engage in sexual activity in violation of 18 U.S.C. § 2422(b). This is a remarkable case regarding the evidentiary value under the FRE of informal transcripts of Internet chatting (United States v. Jackson (D. Nebraska 2007)). After being indicted for violation of 18 U.S.C. § 2422(b), defendant, through a motion in limine, sought an order prohibiting the government
