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RPost’s Registered E-mail Provides Legally Admissible
Evidence
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November 19, 2007
Ferris Research
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RPost’s Registered Email service can
be used to provide a high standard of evidence in civil and criminal litigation.
The service proves to a court that a particular message was delivered and often
even that it was read. It uses digital signatures to verify the content, time
sent, and time received.
We were interested to read a legal review performed by a U.S. partnership of
lawyers, at RPost’s behest. This dense, 29-page document sets out the technical
basis for the standard of proof provided, the U.S. laws under which such
evidence is governed, and the U.S. legal precedents that pertain to such
evidence.
In summary, the lawyers opine that RPost provides sufficient proof as to be:
* Admissible in a U.S. court, according to the Federal Rules of Evidence
* Admissible without requiring a witness to testify in-person
* Arguably stronger than simply part of “the weight of evidence”
* At least equivalent to a conventional “wet ink” signature, with some
exceptions
The Uniform Electronic Transactions Act (UETA) and Electronic Signatures In
Global and National Commerce Act (ESIGN) are the major pieces of legislation
that are relevant here
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Neither RPost nor Ferris Research provide legal advice and neither the
content of www.rpost.com nor the Ferris
Research brief should be relied upon as such. Specific advice should always
be sought by your own counsel to reflect your company's particular
circumstances.
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