| Because of the ease with which a text message
can be modified (i.e. often with only two clicks of
the mouse).
With respect to standard e-mail, the fact that your
e-mail is stored in your ‘Sent’ folder means
nothing, since any word can very easily be
edited and changed!
More money is probably spent litigating electronic
discovery problems than in litigating class actions.
This is part of potentially every case in the 21st
Century.” - - Federal Judicial Center, the research
arm of the U.S. Courts.
With respect to standard e-mail, with two clicks of
a mouse, any receiver of your e-mail can alter its
content to their advantage without those changes
being apparent to the reader – or, THEY COULD CLAIM
YOU ALTERED YOUR COPY!
The courts have found that typing your name in an
e-mail can have the same force as signing your name
on a legally binding contract.
With respect to standard e-mail, you cannot prove
that your e-mail was sent. Any e-mail message
can be placed in your ‘Sent’ folder without having
been sent. An archived e-mail does not prove
WHAT was received.
Using plain e-mail for business purposes is
similar to signing a blank check, or a contract
written in pencil, and then mailing it without
any form of confirmation.
Legally, Post Office mail is presumed to be
delivered if sent; not e-mail. Those receipts
you get from your e-mail program are legally
meaningless.
With respect to standard e-mail, anyone can send
bogus e-mail that appears to be from your e-mail
address or a customer, boss or co-worker by
simply changing the name and address in the e-mail
account section.
Many corporations routinely destroy all records of
received e-mail every few weeks to make it
impossible for you to prove what you’ve sent to them
even if you have a court order.
With respect to standard e-mail, you cannot prove
when your e-mail was sent. The time appearing on
the copy you saved or printed is legally meaningless,
as it is plain text format that can easily be
altered.
With respect to standard e-mail, you cannot prove
that your e-mail was delivered. Anyone can say, “I
didn’t get the message.” The receipts that you
get from your standard e-mail program are legally
meaningless and provide no evidentiary value
since they can be easily altered and do NOT prove
content.
With respect to standard e-mail, the receiver of
your e-mail message can very easily change text
in any received e-mail, change the "from" address,
change anything in the attachment, move e-mail to
any folder, or change the "time sent".
|