Thursday, April 28, 2011

The Law Of MySpace

The Maryland Court of Appeals has reversed a criminal conviction because "[p]ages allegedly printed from MySpace were not properly authenticated...because someone other than the purported creator could have created the profile and also posted the comment in question, when the State identified only the date of birth of the creator and her visage in a photograph on the site."

The charges involved a death in Cecil County. The MySpace profile at issue allegedly belonged to the defendant's girlfriend, who testified in the case and was alleged to have threatened a witness as "Sistasouljah." The attempt to authenticate came not during cross-examination, but through a police witness. The printed page said:

FREE BOOZY!!!! SNITCHES GET STITCHES !! U KNOW WHO YOU ARE!!

Justice Harrell, joined by Justice Murphy, dissented. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/04/the-law-of-myspace.html

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