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Stephen M. Kramarsky

Sometimes, the intersection of law and technology creates interesting legal or policy issues for lawyers and courts to explore; other times, it just creates headaches. Among the latter are the problems of proof that arise when legally significant events occur entirely on the Internet and not in the physical world. It is well established that web pages, blog entries, social media postings and other online activity can be evidence of liability, or even the sole basis for a claim—for example a claim of defamation or infringement, or breach of an online contract. But in the context of freely-editable, user-generated electronic content, it can be extremely difficult to establish, with legal certainty, what activity actually occurred and when.

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