Generally No Hearsay — as Opposed to Authentication — Problem Associated with Images Posted on Internet

From United States v. Cameron, 2011 U.S. Dist. LEXIS 4721 (D. Me. Jan. 18, 2011):

[T]he images [found on the ISP server] are not hearsay to begin with.... The rule against the admission of hearsay applies to only to statements offered to prove the truth of the matter asserted. Fed. R. Evid. 801(c); Fed. R. Evid. 802. A “statement” is “(1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.” Fed. R. Evid 801(a). However, "[i]n the context of the hearsay rule, photographs do not qualify as assertions.”

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