Emoji Central To Silk Road Trial

The trial of Ross W. Ulbricht, who is accused of running an online black market platform known as Silk Road, started off with an odd objection over a digital icon, called an “emoji.” Ulbricht’s lawyer said the emoji—of a smiley face—was left out of a message submitted for evidence by federal prosecutors though it is critically important. Another case pending before the Supreme Court concerns threatening messages left on Facebook, which the poster claims were in jest, evidenced by his use of emoticons. These cases exemplify a larger question for both prosecution and defense: How should digital evidence be presented to juries and the court?