The lovely and talented Eva Lang of Memphis blogged the following entry in her blog about six weeks ago…. interesting to say the least. BFT
Lawyers go “Wayback”
The article “Lawyers’ Delight: Old Web Material Doesn’t Disappear” in today’s Wall Street Journal, points to the fact that internet archives like the Wayback Machine allow discovery of web pages that have been deleted or updated, which can be a nasty surprise in court. The article refers to a Canadian case where the prosecutors had used the Wayback machine to pull incriminating discussion group postings made by the defendant. The defense was “completely taken aback” by the postings because they had researched online using only the Yahoo search engine and didn’t know of the archives’ existence. The case “is a warning shot” for all lawyers.