Re: [Evolution] Evolution-list Digest, Vol 25, Issue 21




Message: 3
Date: Fri, 17 Aug 2007 11:52:30 +1000
From: Daniel Kasak <dkasak nusconsulting com au>

I agree with Patrick on the issues that editing incoming email raises.
If you *ever* want to use email in court, you'd better not let anyone
find out that you're able to do this, because it will completely
invalidate ALL your email as evidence.

I hesitate to state that that claim is unconditionally false because
there may possibly be circumstances in which it may be true.

However, in most jurisdictions of which I am aware and certainly most of
the ones in the overdeveloped world, email evidence is just that:
evidence not proof.  Like all evidence, it is examined for relevance,
plausibility, integrity, tampering and so forth.

By the time a case comes to court, any lawyer worth employing will
already be aware that email can be altered (by many methods, not just
the ones listed so far in this thread) and, depending on the lawyer's
motives, provide reasons as to why such alterations may or may not have
been made.

It's precisely because of the possibility of tampering that mechanisms
such as audit trails, escrowed copies, digital signatures and so forth
are widely deployed where evidential integrity is important.

(And yes, although IANAL, I have experience with presenting email
evidence in quasi-judicial contexts.)

Paul

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