[net.legal] EMail messages as Evidence

lear@topaz.RUTGERS.EDU (eliot lear) (01/22/86)

How admissible is EMail as evidence in the court?  I was under the 
impression that it was considered too easy to forge mail for it to
be considered valid evidence.  Is this the case?

					eliot lear

doc@cxsea.UUCP (Documentation ) (01/24/86)

> How admissible is EMail as evidence in the court?  I was under the 
> impression that it was considered too easy to forge mail for it to
> be considered valid evidence.  Is this the case?
> 
> 					eliot lear

Depends...

I imagine it would be considered a "document", subject to the same
rules applicable to any other document, and vulnerable to the
same challenges. In particular, there is a real problem of establishing
a chain of custody. Normally, the more hands a piece of paper passes
through on its way to the courthouse, it's probative value is
diminished, as there are more opportunities to alter it, etc. Email,
being easy to alter, would have a real problem here.

colonel@sunybcs.UUCP (Col. G. L. Sicherman) (01/27/86)

> How admissible is EMail as evidence in the court?  I was under the 
> impression that it was considered too easy to forge mail for it to
> be considered valid evidence.  Is this the case?

Any super-user, and any user who finds a security hole in the OS,
can forge E-mail.

Anyway, the proper forum for complaints about electronic defamation or
plagiarism is the Net itself, not the civil courts.
-- 
Col. G. L. Sicherman
UU: ...{rocksvax|decvax}!sunybcs!colonel
CS: colonel@buffalo-cs
BI: csdsicher@sunyabva

ark@alice.UucP (Andrew Koenig) (01/29/86)

>> How admissible is EMail as evidence in the court?  I was under the 
>> impression that it was considered too easy to forge mail for it to
>> be considered valid evidence.  Is this the case?

> Any super-user, and any user who finds a security hole in the OS,
> can forge E-mail.

You don't need to be super-user.