Can You Use Wayback Machine as Evidence? Yes - But It’s Complicated.
The Wayback Machine, part of the Internet Archive, has become an essential tool for viewing the web’s past. From defunct websites to deleted pages, it's a goldmine for digital archaeologists. But can it be used in court as valid evidence?
According to a detailed Page Vault blog post, the answer is: yes, but not always easily.
Courts often demand authentication. Some have accepted Wayback Machine screenshots via judicial notice - acknowledging their reliability without further proof. Others, like the Fifth and Seventh Circuit courts in the U.S., have rejected this and require testimony from someone who understands how the archive works.
That means if you're thinking about using archived pages in legal matters, you'll likely need:
Expert witnesses or affidavits,
Evidence that shows how the archive captured and preserved the page,
Or to use certified third-party tools (like Page Vault) that specialize in legal-grade web captures.
For attorneys and researchers, this blog is a great overview of both the power and legal limits of Wayback Machine content. It’s a useful reminder: just because it’s archived doesn’t mean it’s automatically admissible.
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