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Having worked in web archiving and also in and around the law and technology, I'm interested in seeing that courts and legal professionals better understand and make appropriate determinations regarding Internet Archive Wayback Machine (IAWM) evidence.
To that end, it belatedly occurred to me that best practice guides might already exist, such as from The Sedona Conference. Indeed, I found their most substantial guidance in The Sedona Conference Commentary on ESI Evidence & Admissibility, Second Edition
, pending publication sometime this year.
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I read the section on IAWM
with interest. It does a good job of introducing IAWM, discussing how it has been treated by some courts, and raising some reliability concerns. That said, I think there's room for improvement.
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