Ceglia v. Zuckerberg et al

Filing 238

DECLARATION signed by Peter V. Tytell re 237 Response in Opposition to Motion,,,, filed by Mark Elliot Zuckerberg, Facebook, Inc. filed by Mark Elliot Zuckerberg, Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Snyder, Orin)

EXHIBIT D

Designation: E2325 – 05´1

Standard Guide for

Non-destructive Examination of Paper1
This standard is issued under the fixed designation E2325; the number immediately following the designation indicates the year of
original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A
superscript epsilon (´) indicates an editorial change since the last revision or reapproval.

´1 NOTE—Section 2 was editorially corrected in April 2010.

1. Scope
1.1 This guide provides procedures that should be used by
forensic document examiners (see Guide E444) for nondestructive examinations of paper.
1.2 These procedures are applicable whether the examination is of questioned and known items or of exclusively
questioned items.
1.3 These procedures include evaluation of the sufficiency
of the material available for examination.
1.4 The particular methods employed in a given case will
depend upon the nature of the material available for examination.
1.5 This guide may not cover all aspects of particularly
unusual or uncommon examinations of paper samples.
1.6 This standard does not purport to address all of the
safety concerns, if any, associated with its use. It is the
responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use.
2. Referenced Documents
2.1 ASTM Standards:2
E444 Guide for Scope of Work of Forensic Document
Examiners
E1422 Guide for Test Methods for Forensic Writing Ink
Comparison
E1732 Terminology Relating to Forensic Science
3. Terminology
3.1 Definitions:
1
This guide is under the jurisdiction of ASTM Committee E30 on Forensic
Sciences and is the direct responsibility of Subcommittee E30.02 on Questioned
Documents.
Current edition approved June 1, 2005. Published July 2005. DOI: 10.1520/
E2325-05E01.
2
For referenced ASTM standards, visit the ASTM website, www.astm.org, or
contact ASTM Customer Service at [e-mail]. For Annual Book of ASTM
Standards volume information, refer to the standard’s Document Summary page on
the ASTM website.

3.1.1 For definitions of terms in this guide, refer to Terminology E1732.
3.2 Definitions of Terms Specific to This Standard:
3.2.1 fluorescence, n—a process by which radiant energy is
absorbed and reradiated at other, usually longer, wavelengths.
3.2.2 infrared (IR), n—referring to radiant flux having
wavelengths longer than the wavelengths of light, usually
wavelengths from about 780 nm to about 1 mm.
E284
3.2.3 infrared luminescence (IRL), n—the emission of radiant energy during a transition from an excited electronic state
of an atom, molecule, or ion to a lower electronic state
(fluorescence or phosphorescence, or both), where the spectrum of the excitation source is in the ultraviolet (UV) or
visible region of the electromagnetic spectrum, or both, and the
spectrum of the emitted energy is in the far red or infrared (IR)
E1422
region of the electromagnetic spectrum.
3.2.4 luminescence, n—the emission of radiant energy during a transition from an excited electronic state of an atom,
E1422
molecule, or ion to a lower electronic state.
3.2.5 opacity, n—the property of paper that prevents the
transmission of light.
3.2.6 ultraviolet (UV), n—referring to radiant flux having
wavelengths shorter than the wavelengths of light, usually
E1422
wavelengths from about 10 nm to 380 nm.
3.2.6.1 Discussion—Long-wave UV usually refers to the
spectral range of UV-A, with wavelengths from about 315 nm
to 380 nm. Short-wave UV usually refers to the spectral range
of UV-C, with wavelengths from 100 nm to 280 nm.
3.2.7 watermark, n—a localized modification of the formation and/or opacity of a sheet of paper so that a pattern, design,
or word group can be seen in the dry sheet when viewed using
side lighting or transmitted light.
4. Significance and Use
4.1 The procedures outlined here are grounded in the
generally accepted body of knowledge and experience in the
field of forensic document examination. By following these
procedures, a forensic document examiner can reliably evaluate the physical similarities or differences between papers that

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E2325 – 05´1
can lead to a determination as to whether papers originated
from the same source.
5. Interferences
5.1 Certain items submitted for examination may have
inherent limitations that can interfere with the procedures in
this guide. Limitations should be noted and recorded.
5.2 The condition of a paper sample may make it unsuitable
for some types of examinations (for example, item(s) that are
water soaked, stained, soiled, charred, or finely shredded).
5.3 Storage conditions such as exposure to light, heat, or
moisture can affect the appearance of paper during certain
tests.
5.4 Chemical processing for latent prints generally interferes with non-destructive paper examination. Paper examinations should be conducted prior to any chemical processing.
5.5 Items should be handled as little as possible prior to and
during paper examinations to prevent contamination such as
the introduction of latent prints. The use of clean cloth gloves
is recommended.
5.6 In the paper manufacturing process reams of paper and
other paper products can be comprised of sheets from one or
more rolls of paper. Differences in paper characteristics may be
present in individual sheets from the same ream or product and,
therefore, must be considered when assessing color, thickness,
UV fluorescence, IRL, opacity, surface texture and printed
material (see 7.6, 7.7, 7.8, 7.10, 7.11, and 7.17).
6. Equipment and Requirements
6.1 Appropriate light source(s) of sufficient intensity to
allow fine detail to be distinguished.
NOTE 1—Natural light, incandescent or fluorescent sources, transmitted
illumination and fiber optic lighting systems are generally utilized. Side
lighting and vertical incident lighting may be useful in a variety of
situations.

6.2 Magnification sufficient to allow fine detail to be distinguished.
6.3 Measuring Devices:
6.3.1 Micrometer capable of measuring in increments of
0.02 mm or 0.001 inch. Ruler measuring at least 300 mm long,
marked in increments of 0.5 mm or less, or measuring at least
12 in. long, marked in increments of 1⁄64 in. or less.
6.3.2 Scale capable of measuring 0.001 g.
6.4 IR image conversion device or system with appropriate
light sources and filters for use in IR and IRL examinations.
6.5 Electrostatic detection device to examine for indented
impressions.
6.6 Long and short wave UV sources.
6.7 Materials sufficient to evaluate the relative opacity of
paper.
6.8 Other apparatus as appropriate.
6.9 Imaging or other equipment for recording observations
as required.
6.10 Sufficient time and facilities to complete all applicable
procedures.

7. Procedures
NOTE 2—All procedures shall be performed when applicable and noted
when appropriate. These procedures need not be performed in the order
given.

7.1 Examinations performed, relevant observations, and
results shall be documented.
7.2 At various points in these procedures, a determination
that a particular feature is not present or that an item is lacking
in quality or comparability may indicate that the examiner
should discontinue or limit the procedure(s). It is at the
discretion of the examiner to discontinue the procedure at that
point and report accordingly or to continue with the applicable
procedures to the extent possible. The reasons for such a
decision shall be documented.
7.3 Determine whether the examination is a comparison of
questioned paper sample(s) or a comparison of a questioned
paper sample(s) with a known paper sample(s).
NOTE 3—For the purpose of this guide, two samples will be compared.
These samples may refer to known and questioned specimens, or
exclusively questioned specimens.

7.4 Determine whether the submitted paper samples are
suitable for comparison. If not suitable for comparison, discontinue the procedure and report accordingly.
7.5 Examine the paper samples with transmitted light.
7.5.1 Record any watermarks present.
7.5.1.1 When identifying a manufacturer or dating a paper
sample by the use of a watermark, refer to laboratory and
published industry resources. If necessary, contact the appropriate paper manufacturer for further information.
7.6 Examine the color of the paper samples. Refer to
Interferences section 5.6.
7.6.1 Determine the significance of any differences observed.
7.7 Measure the thickness of the paper samples with a
micrometer. An averaging of measurements made at the center
and opposite edges of each paper sample, is recommended.
Refer to Interferences section 5.6.
7.8 Examine the paper samples for UV fluorescence and
IRL. Refer to Interferences section 5.6.
7.9 Examine the samples for chemical or other contamination, alterations, and carbonless paper transfers.
7.10 Examine the relative opacity of the paper samples.
Refer to Interferences section 5.6.
7.11 Examine the surface texture of the paper samples (for
example, smoothness, patterns). Refer to Interferences section
5.6.
7.12 Measure the paper samples with a ruler, recording
length and width measurements.
7.13 Measure the weight of the paper sample. The relative
basis weight can be compared by dividing the weight of the
paper by its area.
7.14 Examine corners of the paper samples and evaluate
angles (for example, squared, curved, rough finish).
7.15 Examine edges of the paper samples with magnification, or UV sources, or both for remnants of binding, adhesives, or padding material.

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E2325 – 05´1
7.16 Examine edges of the paper samples for manufacturing
markings (for example, cut marks, striations or coloration).
Evaluate for proper orientation of each page with all other
pages.
7.17 Examine paper samples with lines or other printed
material with appropriate instruments capable of magnification, IR, IRL, and UV examinations. Measure line length,
spacing, and other printed material. Examine for broken or
deformed patterns. Refer to Interferences section 5.6.
7.18 Examine the paper samples for the presence of security
features (for example, planchettes or security fibers).
7.19 Examine the samples for carbonless paper chemicals
and form printing image quality that can indicate a carbonless
system.
7.20 Locate and record any trace materials (for example,
opaqueing solution, correction strips, tape, or other materials)
on the paper samples.
7.21 Examine the paper samples for surface damage due to
abrasions, handling, storage, or other physical changes. If
folds, creases, crimp markings, fiber disturbances, or other
relevant characteristics, are located on any sample, determine
the significance as they relate to other samples.
7.22 Examine the paper samples for size and spacing of
staples and staple holes. If the pages of the documents are
stapled together, determine any pattern similarities or differences between the number and pattern of staple holes present.
7.22.1 Prior to the removal of any staples, record the
position of the staple holes relative to the existing staple(s).
7.22.2 Coordination with the submitter of the evidence may
be advisable before removing any staples.
7.23 Examine the paper samples for perforations, hole
punches, or other torn portions.
7.24 Examine the surfaces of the paper for indentations such
as handwriting, clipboard marks, paper clip impressions, and
other extraneous markings.

7.25 Evaluate similarities, differences, and limitations. Determine their significance individually and in combination and
reach a conclusion.
8. Report
8.1 Conclusion(s), or opinion(s), or other finding(s) resulting from the procedures in this guide may be reached once
sufficient examinations have been conducted.
8.2 The bases and reasons for the conclusion(s) or opinion(s) should be included in the examiner’s documentation and
may also be included in the report.
8.3 Once examinations and evaluations have been completed, reports may include, but are not limited to, the
following types of conclusion(s), opinion(s), or finding(s):
8.3.1 Evidence such as indentations, contaminants, physical
similarities, etc., associates the paper samples as being attached, handled by, or originating from the same source.
8.3.2 The paper samples originate from or share the same
manufacturer source (mill, post-mill processing, binding, printing, trimming, packaging and distribution processes) or postmanufacturer source (consumer or user level).
8.3.3 The paper samples can neither be associated nor
disassociated as originating from or sharing the same source.
8.3.4 The paper samples did not originate from or share the
same source.
8.3.5 Evidence such as indentations, contaminants, physical
similarities, etc., associates the paper samples as being attached, handled by, or originating from the same source.
9. Keywords
9.1 forensic document examination; forensic sciences; nondestructive paper examination; paper; questioned documents;
watermark

REFERENCES
(1) Browning, B. L., Analysis of Paper, Marcel Dekker, Inc., New York
and Basel, 1977.
(2) Brunelle, Richard L. and Robert W. Reed, Forensic Examination of
Ink and Paper, Charles C. Thomas, Springfield, IL, 1984.

(3) The Mead Corporation, Paper Knowledge, 1999.
(4) Saferstein, Richard, Forensic Science Handbook, Regents/Prentice
Hall, Englewood Cliffs, NJ, 1982.

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