The US landscape: state law, federal rules and platforms
In the United States most claims about online statements and conduct are governed by state law, so the elements of defamation, harassment or privacy claims vary from state to state. The First Amendment shapes defamation law, and a public figure generally has to show a higher degree of fault than a private person.
Platforms are generally shielded from liability for content posted by their users by Section 230 of the Communications Act, so claims usually focus on the person who posted. Federal law adds further routes, for example cyberstalking statutes, trademark law against impersonation of a brand, and copyright notices under the DMCA.
What evidence US counsel typically needs
Electronic evidence must be authenticated: the party offering it has to show it is what it claims to be (Federal Rule of Evidence 901). Since 2017, Federal Rule of Evidence 902(14) allows data copied from an electronic device or file to be self-authenticated by a certification that it was identified by a process of digital identification, such as a hash value. State rules of evidence may differ.
Counsel usually wants the exact content, the URL or account, publication and capture times, the surrounding thread and a record of how the material was handled. Where the poster is anonymous, any request that a platform disclose account information is decided by a court, and counsel generally needs a documented, source-linked record of the underlying claim first.
Once litigation is reasonably anticipated, parties have duties to preserve relevant electronically stored information, and Federal Rule of Civil Procedure 37(e) addresses its loss. Early, documented preservation helps on both sides of that question.
Preservation, hashes and custody in US practice
Finium handles the evidence layer, not the legal one. Each item is captured with its source reference, hashed with SHA-256 at capture and given a qualified timestamp, and a custody log records how it was handled from capture to export.
The hash and custody log let a third party check the integrity of what was handed over with an offline verifier, without trusting Finium's servers. Whether a certification or witness is needed to authenticate the material is a decision for counsel.
Where classification fits
Legal risk classification is not available for the United States. Evidence files work the same way as in other markets: capture, preservation, chronology, custody and export. Which state or federal law may be relevant is assessed by your counsel.
Where Finium fits
Finium is the evidence infrastructure beneath a US matter. Material that arrives as screenshots and links becomes a structured evidence file with sources, timestamps, a chronology and a custody record, preserved before content is edited or deleted. Your law firm or counsel stays the legal actor throughout.
What changed in the United States
Recent developments that frame how online material is preserved and handled. None of them changes the point that a preserved, source-linked record is what supports action.
- December 2015
Federal Rule of Civil Procedure 37(e) was amended to set out what courts may do when electronically stored information that should have been preserved is lost.
- December 2017
Federal Rules of Evidence 902(13) and 902(14) took effect, allowing certain electronic records and copied data to be self-authenticated by certification, including identification by hash value.
- May 2025
The TAKE IT DOWN Act became law, requiring covered platforms to remove reported non-consensual intimate imagery within 48 hours of a valid request, with platforms given one year to set up the process.
Frequently asked questions
Can Finium produce evidence files for US matters?
Yes. Evidence files are available for the United States: captures with source references, SHA-256 hashes, qualified timestamps, a chronology and a custody log, exported for your counsel. Legal risk classification is not available for the United States.
Does a hash make a screenshot admissible?
No single feature does. A hash shows whether a file has changed since capture, which can support authentication, but admissibility is decided by courts and counsel under the applicable federal or state rules.
Is US customer data stored in the United States?
No. Customer data is stored and processed in the EU, including for US matters.