18 Nov 2007

Ferris Research-3

Author:

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

** 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.