---
title: "Record the appearance and circumstances that may identify an electronic item"
url: "https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-what-an-electronic-communication-says-about-its-sender-time-and-d/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A44-FL20261022-11-US"
practice_area: "Incoming evidence — deepfakes & synthetic documents"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the appearance and circumstances that may identify an electronic item

> From the item the lawyer has marked, record its appearance, contents, substance, internal patterns, and any other distinctive characteristics, together with the circumstances the lawyer has noted.…

Canonical page: https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-what-an-electronic-communication-says-about-its-sender-time-and-d/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the item the lawyer has marked, record its appearance, contents, substance, internal patterns, and any other distinctive characteristics, together with the circumstances the lawyer has noted. Record that these are one example of evidence that can satisfy Rule 901, not a complete list, and that the proponent must still produce evidence sufficient to support a finding that the item is what the proponent claims it is. Do not decide that the item is authentic. Do not infer a sender, a time, or a destination that is not on the item or in the lawyer's note. |
| What the lawyer must review | The lawyer decides authenticity. Rule 901(a) states the requirement. Rule 901(b)(4) gives, as an example only, the appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances. The examples are not a closed list. The tool copies what is on the item and what the lawyer has noted. It does not find that the item is authentic. |
| Written for | United States |
| Applies to | [Record what an electronic communication says about its sender, time and destination](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-what-an-electronic-communication-says-about-its-sender-time-and-d.md) |

## Checking plan

- What the AI does: From the item the lawyer has marked, record its appearance, contents, substance, internal patterns, and any other distinctive characteristics, together with the circumstances the lawyer has noted. Record that these are one example of evidence that can satisfy Rule 901, not a complete list, and that the proponent must still produce evidence sufficient to support a finding that the item is what the proponent claims it is. Do not decide that the item is authentic. Do not infer a sender, a time, or a destination that is not on the item or in the lawyer's note.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Distinctive characteristics are an example under Rule 901, not self-authentication under Rule 902.
- A platform export and a screenshot can differ. Copy both. Do not decide which one is the item.

## Sources

- [Federal Rule of Evidence 901](https://www.law.cornell.edu/rules/fre/rule_901) (checked 2026-10-22)
- [Federal Rule of Evidence 902](https://www.law.cornell.edu/rules/fre/rule_902) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*