CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Computer-Generated Evidence
......Internet Websites
11 Cards On This Topic:

District court properly exercised its discretion in admitting evidence of uncharged child porn videos on D's computers as probative of his knowledge and relevant to his defenses of accidental download or a hacker's work.

Airline's conduct did not constitute interception of an electronic communication in violation of Wiretap Act when it viewed employee's secure website; "intercept" is acquisition at time of transmission.

Substantial evidence supported D's conviction for possessing child porn where V's mother gave credible evidence of D's Facebook page with porn images of him and V and D admitted taking such a photo to O.

When an email account user has expressly consented to disclosure, the Stored Communications Act does not prevent enforcement of a subpoena seeking materials from service providers in conformity with that consent.

Evidence was sufficient to reasonably infer D intentionally used his home computer to find, access, and peruse through quantities of child porn and to deliberately display the images on his computer screen.

Ordering Ps' attorney to remove two pages from her website discussing similar cases was an unlawful prior restraint on her free speech rights; admonitions and instructions presumptively adequate to address threat of jury contamination.

There was sufficient evidence from which jury could reasonably infer that D was computer savvy enough to know the porn web pages he was visiting were being automatically downloaded to his hard drives.

In investigating juror misconduct, trial ct. may order Juror to execute SCA consent form authorizing Facebook to release for in camera review all items Juror posted during trial; disclosure would not violate the Stored Communications Act.

Trial exhibit with printouts of D's MySpace internet page, admitted for limited purposes, was properly authenticated, not hearsay and was relevant and probative under EC 352 re D's gang membership.

Writing downloaded from the internet purporting to be a roster of gang members which included Ds was not properly authenticated where downloading detective did not know who authored it but merely believed gang members did so.

Private reproval by State Bar still matter of public record and member’s disciplinary history may be posted on Bar’s internet website.