Wayback Machine as Evidence of Historical Internet Content

[faustus]

In regards to archives from Wayback Machine, they provide this service for $250. from Internet Archive: Legal: Requests:

To initiate your request, you must send us payment as described below and an electronic list of the extended URLs for each page you would like us to print out. By extended URL, we are referring to the full URL that appears in the Address field of your Web browser when you are looking at the page of interest (e.g., Wayback Machine). If you want more than one page from a particular domain, you must supply the extended URL for each page. Please be sure to navigate to each of your requested URLs prior to submission and ensure that they are correct as they appear in the list sent to us. Do not copy a hyperlink from an archived page; please allow the link to load and then copy the resolved URL in the browser bar. Due to the burden on our limited resources, we cannot respond to requests for all linked pages at a particular domain. The list of extended URLs should be emailed to [email protected]. Please include your contact information in your email.

Our standard fee is $250 per request, plus $20 for each extended URL therein, excepting URLs that contain downloadable/printable files. Any such URLs (for example, .pdf, .doc, or .zip files) instead cost $30 per extended URL. The Internet Archive provides a declaration (not notarized) by default. If you would like an affidavit (notarized) instead, there is an additional $100 fee. Note About Notarization: During the Covid-19 pandemic, we are offering remote notary (via notarize.com or a comparable service). This process uses digital signing and thus, we cannot provide a "wet ink signature" version with this option. Please confirm in your request that electronic notarization is acceptable if you would like to utilize this option.

As for your main question:

Historical web pages are one thing, but what about current web pages which may be deleted by the time the hearing takes place? Is there some sort of certifiable way to access a web page before it is deleted? eg can I get a JP to access a web page and then sign a stat dec to confirm that a printed screenshot is identical to the web page on that day?

Yes, this is the frustrating thing about Wayback Machine -- you can't be guaranteed that every historical change to a website is going to be archived. I believe section 48 of Evidence Act 1995 relates to what you're referring to:

48 Proof of contents of documents
(1) A party may adduce evidence of the contents of a document in question by tendering
the document in question or by any one or more of the following methods:
(a) adducing evidence of an admission made by another party to the proceeding
as to the contents of the document in question,
(b) tendering a document that:
(i) is or purports to be a copy of the document in question, and
(ii) has been produced, or purports to have been produced, by a device that
reproduces the contents of documents,
(c) if the document in question is an article or thing by which words are recorded
in such a way as to be capable of being reproduced as sound, or in which words
are recorded in a code (including shorthand writing)—tendering a document
that is or purports to be a transcript of the words,
(d) if the document in question is an article or thing on or in which information is
stored in such a way that it cannot be used by the court unless a device is used
to retrieve, produce or collate it—tendering a document that was or purports
to have been produced by use of the device,

...

(4) A party may adduce evidence of the contents of a document in question that is not
available to the party, or the existence and contents of which are not in issue in the
proceeding, by:
(a) tendering a document that is a copy of, or an extract from or summary of, the
document in question, or
(b) adducing from a witness evidence of the contents of the document in question.

With the caveat that I am not a lawyer, I believe what this means is that if you file a document of a website what you're doing is saying "printed on this piece of paper is a faithful representation of an electronic document that
existed by accessing the URL using a web browser on the date 1 January 2022". If you're concerned that the other party is going to deny that this is the case, then presumably you might want to do something such as have it as an exhibit to an affidavit or stat dec.