The court admits that there is evidence capability in 'Information on past websites recorded by Internet-archive wayback machines'

The way back machine operated by the Internet archive keeps tracking the website which is updated every day from now, and it is possible to browse all the information of the website recorded in the past. For this reason, it is highly likely that information such as "malicious content was posted on the website" will be clarified by looking at the information recorded by the wayback machine, but in the US courts it is " There is no evidence ability in the information on the website recorded in the past ". However, in a trial conducted between June 2018 and July 2018, the information recorded by wayback machines was recognized for the first time as "evidence capable" and convicted.

Archive.org's Wayback Machine is legit legal evidence, US appeals court judges rule • The Register
https://www.theregister.co.uk/2018/09/04/wayback_machine_legit/

It was a trial on hacking committed by Italian Fabio Gasperini that the information recorded by the wayback machine was found to have evidence capability. Gasperini developed malware that vulnerable to storage device vulnerability in 2014 and diffused over the Internet. With this malware, more than 150,000 computers in the United States will be infected, user authentication information will be stolen, it will be used as a stepping stone for DDoS attacks , click action done on the computer will be used for online advertisement There was a damage such as being sent.

After the incident came to light, the American authorities will pay attention to the function of "online advertisement" of malware. That is because websites to publish are needed to be paid for online advertising. So, when the authorities investigated the site of online advertisement clicked due to malware damage, it was discovered that the site owner was Gas Perini. Gasperini was to be arrested as a suspect. After the arrest, it seemed as if evidence had gone because the site was deleted by Gasperini's friends, but the site before deletion was recorded on the wayback machine, all browsing It was in a state that it was possible. For this reason, the authorities have decided to submit the information stored by the way back machine to the court as proof of the incident.

However, it was difficult to determine whether the information saved by wayback machines would be legal proof for criminal trials. That is because in the civil trial that took place in 2009 it was judged that "information stored on wayback machines has no evidence capability". Naturally Gasperini's lawyer argued that "information stored by the wayback machine will be invalid even in a criminal trial if it follows the precedent case of civil trials in the past."

However, in the case, it was judged that the information stored by the way back machine was evident and the credibility was high, Gasperini was sentenced to a sentence of prison sentence of one year imprisonment. The crime committed by Gasperini is judged to be a misdemeanorial punishment, so it is relatively light punishment, but it is very big that judging that the information saved by wayback machine has "evidence capability" " The Register says.