It has often been said, “If it is not documented, it didn’t happen.” As a conditional sentence, it is illogical. For example, if statement 1 was: “I went to a party last night” and statement 2 was, “I didn’t take pictures or write about it.” Based on the primary claim, Statement 3 would be, “The party didn’t happen.” And you might answer back, “Well, tell that to my hangover.” (LOL) But the saying is meant to be taken figuratively - the message is that if the action is not recorded, it is considered as if it had not occurred; there is no concrete proof to indicate otherwise. This is especially true of legal proceedings. According to the Constitution, a criminal is presumed innocent until proven otherwise, and sometimes documentation is the proof that makes the criminal otherwise.
This is the case with cyberbullying and cyberextortion. If you don’t have evidence to prove the incident occurred, there is little legal recourse available. This is why it is important to document cybercrime.
What does it mean to document evidence?
For all legal intents and purposes, documenting evidence refers to
Preserving evidence of abuse
Keeping accurate records of incidents of abuse as they occur.
It should be noted that documenting technological evidence implies that the evidence has not been altered. Although it may be tempting, resist the urge to add incriminating evidence. Rather, information should be preserved in a law-enforcement-friendly manner. This typically includes the phone number, e-mail address, username, or any other account information associated with the evidence. Be sure to save text messages displaying the sender’s phone number, rather than his or her name, and include date and time stamps that show when the message was received.
Why is it important to document evidence of technological abuse?
Going back to the “if it is not documented, it didn’t happen” logic, it is important to document evidence of technological abuse because it will be difficult to prove the incident occurred otherwise, even though you may wish it didn’t. Resist the instinct to block upsetting offenders, keeping in mind that revenge will be yours, saith the documentation fairy.
Consider evidence-preserving methods, such as disabling storage space-saving features that delete messages after a certain time. Also, make sure you get that documentation down a.s.a.p. because if the abuser has access to your accounts or devices he or she may be able to delete the evidence.
What if the evidence is cringeworthy?
Understandably, the experience of cyberbullying or cyber extortion may not be pleasant to relive. If so, there are methods of collecting evidence without doing so. You can, for example, silence message notifications from a particular individual or set up a separate folder in your email account with instructions to send the sender’s correspondences directly to the folder. If your device is not accessible to the offender, consider saving screenshots in hidden folders you will not need to look at until you access them. Be wary of saving evidence to your cloud storage- the offender may have access to your cloud account.
How Should I Document My Evidence?
Methods of documentation often depend on the circumstances of the case and how the abuser is manipulating technology to commit the crime. If in doubt, err on the side of caution - the more evidence the better! Here are some methods of documenting evidence of abuse:
Keep a log. Record every incident as it happens including the date, time, and details and witnesses, if applicable.
Save voicemails, call logs, emails, and text messages. Screenshots should be stored in a device separate from the one you used to access them originally.
Print out emails with full header information: This will ensure that the sender’s IP address can be easily identified.
Take screenshots of social media posts sent from the offender. Be sure to include the full URL and screenshots of the abuser’s profile page.
Think twice before removing recording devices, air tags, hidden cameras, and GPS trackers as this may impact your ability to document their existence. Take a picture of the monitoring device instead, to document the evidence before removing it.
Free Legal Advice:
Never underestimate the power of free legal advice! When you have questions about best documentation practices, contact cryptoclaimlaw.com. Rest assured, we’ll do everything in our power to make it happen without the financial burden.