Email as Legal Evidence Analysis

NB: We do not resell your papers. Upon ordering, we do an original paper exclusively for you.

NB: All your data is kept safe from the public.

Table of Contents

Introduction
Main body
Conclusion
References

Introduction

Electronic mail or e-mail has been accepted by the society as the most accessible and effective form of communication. It is used almost in all professional and non-professional fields. The widespread application of the email is thus a new method of communication. Therefore, there is a need to review and design guidelines for privacy, regulation and practice in its use. It is unfortunate that major part of the society perceives email messages as free-flowing and safe to send. Yet, there are a growing number of cases wherein an email message may be used as legal evidence in the court of law (Fell, J. & Salmon, J., 2008). To date, guidelines are being implemented in order to both protect the society from scams as well as to prevent further misuse and abuse of this novel form of communication. Also laws are being designed for the same purposes. There are a number of major factors that should be understood by a computer user in order to prevent any problems associated with messaging through the internet. The need for such guidelines is important because email is now used for both personal communication and official transactions around the world (Sachdev, 2005).

Main body

Similar to simple letters that are written on paper, email messages are also characterized by basic features. In an email, a footer section is included which provides the sender’s address and proper identification of the person sending the email message. There may be cases wherein an anonymous sender would send a scam letter asking for payment from an individual. In other cases, major transactions are performed through the email message (Stephenson, 2005). Hence, there are companies that would include a disclaimer at the end of the message to indicate its confidentiality and impossibility of sharing it with any other individual. In addition, a disclaimer may foresee the cases of the accidental reception of the email message (Stephenson, 2005). In such cases, the sender should be informed and the recipient should immediately delete the message. This action helps avoid any untoward cases of unintentional dissemination of information, especially if the topic of the email message is serious. Other disclaimers may also state that the email message is not a formal contract unless this intention is directly stated in the email message. This measure may protect both sender and recipient of the email message (White Paper, 2005). For example, the recipient might perceive that the message contains a contract agreement. However, in actuality, the sender was only aiming to discuss issues of a future contract (White Paper, 2005).

Similar to a letter document, an email message should be forwarded to its recipient only. Any other individuals can receive it only if it is necessary for the success of a discussion or transaction. In addition, it would also be good if email messages were reviewed first before sending them out. There are certain instances when an email is sent out very quickly to the ease and simplicity of its format. Yet, the implications of the email message are not reviewed. This results in disagreements between the two communicating parties. In the case of email messages from commercial companies, there are rules implemented in creating and sending communicational messages to their clients (Stephenson, 2005). Firstly, consumers should consent to receiving email messages from a commercial company. Also they should be entitled to decline such communications should they decide to do so. When a consumer agrees to receive email messages from a commercial company, this company should be clear enough in stating the details of a promotional package or a sale that they are describing. There should be no hidden information in these emails (White Paper, 2005). It can be compared to a sale in a shop where the seller should provide the potential buyer with all the information needed for a decision to purchase.

Another important factor concerning email messages use is that this form of communication can be used as legal evidence in court. The accessibility and ease in the transmission of an email message also means that this message can be sent to any other place around the world. When a recipient receives a message that can be used as legal evidence, laws for business transactions and the laws of the particular country are applicable (Fell, J. & Salmon, J., 2008). For example, a court case involving two businesses located in Japan and the US may also use unique laws that are only implemented in Japan. Hence, what seems an acceptable action in the United States may still be used as negative legal evidence in Japan. It happens if this country has an established law that such particular action is illegal. It is thus important that security management guidelines be implemented in an office to protect it from using its email messages legal evidence (Fell, J. & Salmon, J., 2008).

The application of email messages should also be linked to the Anti-Trust Law. It is also called the competition law and related to trade condition. One major element of this law is the prohibition of any forms of abusive behaviors or actions of a company. This results in the control of a certain market allowing a company to dominate over the rest of the competing companies (Sachdev, 2005). The employment of e-mail messages carrying contents of an agreement can thus be linked as negative evidence in a legal case. The increase of particular product prices applied to gain substantial income from sales is not allowed by the anti-trust law. In addition, the it also ensures that all companies are obliged to deal with all consumer groups and should not be prejudiced towards others by producing something for a limited social group (Sachdev, 2005). Another major component of the anti-trust law is the supervision of mergers between large companies and corporations like joint ventures. Should a merger or venture be determined to pose any risk to the process of competition in the market, the merger will be prohibited (Fell, J. & Salmon, J., 2008).

The anti-trust law varies from one state to another and even from one country to another. The objective of the anti-trust law is to protect the society and its consumers from being manipulated and deprived of their free choice rights. In addition, the anti-trust law also ensures the equality of competitive conditions for business companies in the market. It is known that competition is beneficial to a country’s economy as it deregulates access to markets and other forms of resources in each state and country. The anti-trust law also provides a route that monitors the privatization of the assets of a country. Moreover, it identifies the existence of regulatory factors that influence the market and economy (White Paper, 2005).

E-mail messages are also employed in establishing contracts between two parties, especially in the growing field of e-commerce. In this case, it is important to understand that any inquiry from a client that is sent by e-mail can be of significance to a business contract. The business company should thus explain clearly the features of the contract. Moreover, unless the client signifies that he has understood the contract fully, the company may not claim the contract to be legally binding. Any transactions on the internet often provide the client with an agreement contract. This has to be read and understood by the client. A tick box is provided at the end of the contract stating that the client has read and understood the agreement (Fell, J. & Salmon, J., 2008). Thus, any miscommunication and misunderstanding will be the fault of the client. All the details are enumerated and explained in the terms and conditions form that is displayed in the website, and its was his her duty to read them. This measure protects the company from any possible forms of court cases. For example, it protects the company when the client claims having been misguided into buying something online (Fell, J. & Salmon, J., 2008).

It is also important that contracts or transactions completed via email should include digital signatures of the parties. This is necessary to show that the parties both have agreed to enter into a contract based on the details of the agreement. In addition, any information on a website can be used in a contract agreement. Other businesses employ language translations for the client to fully understand their details. In other cases, the client is asked to search the website based on the local country he is situated in. This step is made when a business has branches around the world. Any laws regulating the agreement will only need to be checked in one country, in case there is a need to file a case in court (Sachdev, 2005).

Sometimes email messages sent from an office are employed as negative legal evidence. To prevent an office from such a case, it is necessary to use a monitoring system screening the use of its email messaging system. The monitoring system may also prevent its users in the office from using the internet in any unlawful activities (Sachdev, 2005). For example, such actions as viewing pornographic material or procuring illegal items are controlled. An office may provide its employees with an agreement form describing the terms of the messaging system use. Any violations of its settings will result in the termination of either the email account or the employee, or both. The monitoring system is often designed to screen incoming email messages (White Paper, 2005). Thus, any questionable senders may be filtered and kept in consideration by the monitoring system. Once a significant number of email messages are received by this monitoring system, the IT department will inform the human resources department. This is also accompanied by the report that such email messages were delivered to a particular employee. A more comprehensive investigation should be performed to clear the situation up. Thus, it may help to determine whether it was indeed the employee’s fault or the email messages were simply spuriously sent to him/her (Stephenson, 2005).

Conclusion

The security management office may also employ a software program monitoring the addresses of incoming and outgoing email messages. This will provide information on the content of a message and the nature of the website that is sending these email messages. This will definitely protect an office the usage of its e-mail messages as negative legal evidence in court. Other monitoring software can prevent an employee from reaching any websites of specific types. It is also effective in preventing the use of highly charged words or politically incorrect phrases in e-mails. Other offices also include a specific clause in their internet use policy. This clause entitles the company to inspect e-mails without the employee’s knowledge to protect the integrity of the business company.

References

Fell, J. & Salmon, J. (2008). Email as court evidence. Web.
Sachdev, A. (2005). E-mails become trial for courts.
Stephenson, C. E. (2005). Tech Roundup: Registered E-Mail, Preventing Theft And More.
White Paper. (2005). Registered E-Mail® and the Law.

Click Here To Order Now!

Email as Legal Evidence Analysis

Do you need this or any other assignment done for you from scratch?

We have qualified writers to help you.

We assure you a quality paper that is 100% free from plagiarism and AI.

You can choose either format of your choice ( Apa, Mla, Havard, Chicago, or any other)