The increasing reliance on digital content, such as web pages, emails, and social media posts, has led to a rise in the use of screenshots in courtrooms. However, admissibility depends on proper verification, including accurate metadata, unaltered content, and a secure chain of custody. Using tools that provide tamper-proof captures can help legal teams present credible digital evidence that meets evidentiary standards.
Screenshots, while convenient, often fail to meet the stringent standards of authenticity required for electronically stored information (ESI) in legal contexts. Under the Federal Rules of Evidence (FRE) 901 and 902, courts demand evidence to be verifiably accurate, traceable, and unaltered to establish its reliability and admissibility. These rules focus on several critical factors:
Screenshots are inherently limited in their ability to satisfy these requirements because they lack the embedded context and security features of original ESI. They provide a visual representation but not the underlying digital data, making them susceptible to challenges of fabrication or alteration.
For example, a screenshot of an email might display the content but omits metadata such as sender IP addresses, delivery timestamps, or read receipts—details that can be pivotal in legal disputes. Similarly, screenshots of chats or text messages might fail to provide proof of the platform, user identities, or whether the messages were altered.
To ensure ESI meets the FRE 901 and 902 standards for admissibility, legal practitioners must consider the following:
For a deeper understanding of these considerations, refer to our blog post on the importance of digital evidence verification, which outlines best practices and tools for ensuring the credibility and admissibility of digital evidence.
Different screenshot tools cater to various legal evidence needs, each offering unique features and limitations. Below is a detailed breakdown of some popular options:
Snagit
Snagit, developed by TechSmith, is a versatile screen capture and recording tool. It allows users to take screenshots, record screens, add annotations, and share content across platforms. It stands out for its numerous editing options, Optical Character Recognition (OCR) capabilities for extracting text, and the ability to blur sensitive information. Additionally, Snagit provides metadata for every capture and can handle various types of webpages with unlimited downloads and exports. However, its major drawback is the potential for easy editing, which raises concerns about authenticity. Storage fees apply, and the tool does not offer affidavits for legal evidence purposes.
Snipping Tool
Snipping Tool is a built-in Windows utility that enables users to capture screenshots in multiple formats, such as free-form, rectangular, window, and full-screen snips. It is highly accessible, as it requires no additional installation, and its user-friendly interface makes it simple to use. However, the Snipping Tool lacks the ability to capture videos or preserve metadata and is unable to capture entire web pages.
Print to PDF (Adobe Acrobat)
Print to PDF is an Adobe Acrobat feature that allows users to create PDF files from any printable document, preserving its original layout and formatting. It is easy to use and offers multiple security features, ensuring the original formatting remains intact. While it includes metadata for every capture, it cannot capture videos, and some metadata may be lost during the conversion process. Furthermore, it does not provide affidavits for evidentiary purposes.
FireShot
FireShot is a browser extension tailored for capturing, editing, and saving screenshots of web pages or specific sections. It excels in full-page web captures and supports various export formats, such as PDF, JPEG, and PNG. The extension is free and compatible with major web browsers. However, it cannot capture video content, lacks the ability to control start and end points during captures, and may face integration issues with certain browsers.
Camtasia
Also developed by TechSmith, Camtasia is a professional tool designed for high-quality screen recording and video editing. Its user-friendly interface and comprehensive editing features make it ideal for creating polished video content. While it supports capturing videos and documents with unlimited downloads and exports, it is not suitable for capturing web pages. The software can be unreliable for exporting large video files and does not ensure chain of custody, which may be critical for legal purposes.
Page Vault
Page Vault is a specialized tool aimed at capturing and preserving web content for legal and compliance needs. It ensures secure, high-quality captures that maintain the integrity and authenticity of the content. Unlike other tools, Page Vault is designed with legal use in mind, offering features like the ability to crawl and capture entire web pages, automated social media captures, and exhibits that appear exactly as they do online. It provides metadata for every capture, maintains the chain of custody, and offers affidavits to support its authenticity. Notably, Page Vault is the only company in the group compared that also offers social media automation, including crawling and comment expansion to capture all relevant content. These features make it an invaluable solution for professionals in law, regulatory compliance, and similar fields.
Conclusion:
Page Vault is the leading solution for legal and compliance professionals requiring secure, efficient, and legally defensible evidence collection. Our platform provides more than basic screenshots, delivering affidavits and comprehensive metadata to ensure every capture aligns with the rigorous standards of evidence under FRE 901 and 902.