Can e-mail be evidence? at DVinfo.net
DV Info Net

Go Back   DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Taking Care of Business
The pen and paper aspects of DV -- put it in writing!

Reply
 
Thread Tools Search this Thread
Old June 9th, 2004, 04:14 AM   #1
Major Player
 
Join Date: Sep 2001
Location: Andalucia, Spain
Posts: 301
Can e-mail be evidence?

Hi!

Does anybody know whether e-mail messages can be evidence in a court of law, for instance in a situation where no contract has been signed, but verbal agreements exist, backed up by e-mail confirmations?

Thanks!

Dan.
__________________
Film & TV locations & production Spain
http://www.fotofilmvideo.com/
Dan Uneken is offline   Reply With Quote
Old June 9th, 2004, 06:03 AM   #2
Wrangler
 
Join Date: May 2003
Location: Eagle River, AK
Posts: 4,100
I'm NOT a lawyer, but here are some observations anyway:

- There are untold numbers of news reports regarding people all over the world being convicted of crimes at least in part based on e-mail and other electronic evidence. Just yesterday, I saw a news article on the prosecution's intent to use cell phone text message records in the trial of the horrible Laci Peterson murder case. I think I recall that even Bill Gates had his own internal Microsoft e-mails used against him in one of the government's anti-trust cases.

- At least in the US, and I would imagine in most European countries, civil cases have a lower burden of proof ("preponderance of evidence") than do criminal cases ("beyond reasonable doubt"). So if one can satisfy the court that the e-mail record is legitimate (possibly easy to fake, if one had a desire to do so), one could expect it to be pretty good evidence.

Sad that a verbal agreement without paper to back it up doesn't seem to mean much these days. Apparently many people have forgotten that "a man is only as good as his word."
__________________
Pete Bauer
The most beautiful thing we can experience is the mysterious. It is the source of all true art and science. Albert Einstein
Trying to solve a DV mystery? You may find the answer behind the SEARCH function ... or be able to join a discussion already in progress!
Pete Bauer is offline   Reply With Quote
Old June 9th, 2004, 06:21 AM   #3
Major Player
 
Join Date: Sep 2001
Location: Andalucia, Spain
Posts: 301
"a man is only as good as his word."

Ahh, people are just forgetful, you know.

Of course, like you say, e-mail can easily be forged and that's what makes it hard to use as evidence. But together with other documents and photographs...

As always, it's a case of a "client" not wanting to pay, blaming stuff on me that I'm not responsible for.

Perhaps it's interesting for others:
Client writes e-mail, asking me to organise a fashion photography session here in Spain for him (he's German). He also asks me to organise a casting, because he wants "street models".
We send him pictures of a casting we do for him and he chooses two models. He needs 6. One of the chosen models pulls out, so we only get him one model. Now he blames us for not supplying him with 6 street models and wants to recuperate his costs for flying in 5 professional (!) models from Germany.
He knew 10 days ahead of time what the situation with the models was, took no action and flew in his own people from Germany when we started shooting.

I think that he is just trying to swindle us into paying for his expensive models.
Difference: 9500 dollars US.

We never signed any contracts, it was a hectic period, the guy was really easy and nice on the phone "Don't worry" - which is a phrase that should always set off all the alarms.

Now with the e-mails we want to prove that we warned him about not having the models for him and that it was his own responsibility to provide them.
A photographer can always veto models, but it's unfair to then offload the costs of other models on the casting orrganiser....

I get angry writing about it..
__________________
Film & TV locations & production Spain
http://www.fotofilmvideo.com/
Dan Uneken is offline   Reply With Quote
Old June 9th, 2004, 06:34 AM   #4
Wrangler
 
Join Date: May 2003
Location: Eagle River, AK
Posts: 4,100
Dan,

I've got to go to work momentarily...but on just a quick read...

From what you describe, it sounds like he wants money out of you, rather than the other way around. You know, I'd just try to let it rest at that -- cut my losses -- and not work with the guy again.

I'm betting he will just do the same. But, if by some small chance he does actually try to take it to court, produce your emails ... presumably he'd show up in court with nothing more than his own side of the story, which wouldn't be in line with the emails.

If he shows up with fake emails, then it would be a criminal act on his part that the government might be interested in dealing with -- with the help of the ISP, on whose servers the archive of the emails undoubtedly sits.

Gotta go, but as someone who's considering starting a small video business for my "retirement career", will be interested to see how things work out.
__________________
Pete Bauer
The most beautiful thing we can experience is the mysterious. It is the source of all true art and science. Albert Einstein
Trying to solve a DV mystery? You may find the answer behind the SEARCH function ... or be able to join a discussion already in progress!
Pete Bauer is offline   Reply With Quote
Old June 9th, 2004, 07:27 AM   #5
Major Player
 
Join Date: Sep 2001
Location: Andalucia, Spain
Posts: 301
Sorry Pete, I wasn't clear about that point: the photographer owes us the money for our work. He has paid just about all of the costs we made on the production, so we are still out of our pay, plus a bit.

Thing is, you come across all sorts of clients, especially working internationally.
Even customers that were OK before can turn out to be bad, because of something happening in their company. But us guys are always at the bottom of the line, getting paid last, if ever, etc. if we're not careful.

I have adopted more of a "pay up front, but a little less" policy lately. Makes you sleep (and work) better.

It may be a long while before I have something final to report in this matter.

See also:

http://www.dvinfo.net/conf/showthrea...threadid=26791
__________________
Film & TV locations & production Spain
http://www.fotofilmvideo.com/
Dan Uneken is offline   Reply With Quote
Old June 9th, 2004, 07:55 AM   #6
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Yes, email can be evidence. It must be authenticated, as with any other evidence.
Paul Tauger is offline   Reply With Quote
Old June 9th, 2004, 08:07 AM   #7
Major Player
 
Join Date: Sep 2001
Location: Andalucia, Spain
Posts: 301
Paul, how does one authenticate e-mail as evidence?

Thanks!

Dan
__________________
Film & TV locations & production Spain
http://www.fotofilmvideo.com/
Dan Uneken is offline   Reply With Quote
Old June 9th, 2004, 09:55 AM   #8
New Boot
 
Join Date: Nov 2003
Location: Baltimore, MD area
Posts: 22
I am NOT a lawyer but I have heard from a lawyer stating that emails can and have become evidence. This also goes for sexual harassment, web jokes, sales guarantees or promises, you name it. Be careful.
Sean Smith is offline   Reply With Quote
Old June 9th, 2004, 01:26 PM   #9
Trustee
 
Join Date: Oct 2002
Location: Arlington VA
Posts: 1,034
Authentication is something that happens at the trial or at a hearing, and can be done in any number of ways, including testimony by the author, or, if that's not available, header codes in the message itself. You'd also need the person that printed it to attest it was a true copy of what was received. If the case gets to that point your lawyer will know exactly what to do. :)
Peter Moore is offline   Reply With Quote
Old June 9th, 2004, 01:47 PM   #10
Air China Pilot
 
Join Date: May 2002
Location: Vancouver, B.C.
Posts: 2,389
If it is worth that much money you may want to backup your hard drive, take it out and store it. Buy a new hard drive and continue working as usual.
__________________
--
Visit http://www.KeithLoh.com | stuff about living in Vancouver | My Flickr photo gallery
Keith Loh is offline   Reply With Quote
Old June 9th, 2004, 01:56 PM   #11
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
Quote:
Paul, how does one authenticate e-mail as evidence?
As Peter said, it's really little more than getting someone to say, "This is a true and correct copy of an email that I received on my computer."

Generally, this kind of authentication will be done prior to trial, either by Requests for Admission ("Admit that the document attached as Exhibit A is an email sent by you to the Plaintiff.") or at deposition ("Do you recognize this document? "Yes" "What is it?" "It looks like an email." "Is this an email that you sent?" "I don't remember." "Look at the 'from' line -- is that your email address?" "Yes." "Look at the header information at the top -- do you have an account with Earthlink?" "Yes." "How do you usually address the plaintiff -- as 'William,' 'Big Bill,' 'Mr. Smith' or something else?" "Big Bill." "The same as appears in this email?" "Yes." "Do you have any reason to believe that you did not send this email?" "No." "Do you think you sent it?" "Yes, I think I sent it." "In your experience, is the date which appears on email that you send the date that it's actually sent?" "Yes." "Do you have any reason to believe that you didn't send this email on the date which appears on it, May 4, 2002?" "No, that's probably right." etc.)

If necessary, the custodian of records of the ISP can testify as the headers in the email, i.e. "We maintain records of all email sent through our system, and our records show that, on May 4, 2002, an email was sent at 7:35 p.m. from the Defendant to the Plaintiff."
Paul Tauger is offline   Reply With Quote
Old June 10th, 2004, 06:52 AM   #12
Trustee
 
Join Date: Oct 2002
Location: Arlington VA
Posts: 1,034
I'm curious, Paul - what usually happens if the receiver either denies receiving it, or the author denies writing it? Would you usually get someone from the ISP in to talk about the logs as you said, or would the jury or judge just make a credibility call?
Peter Moore is offline   Reply With Quote
Old June 10th, 2004, 09:55 AM   #13
Wrangler
 
Join Date: Sep 2002
Location: Los Angeles (recently from San Francisco)
Posts: 954
I've never had that happen. It's usually easy enough to authenticate an email with the author -- it's much harder to flat-out lie than most people realize.

If it was a critical piece of evidence, I'd have an expert examine the computer, have someone from the ISP testify re: logs, etc. If not, I'd authenticate it through the receiver, and try to impeach the credibility of the author who was denying responsibility.
Paul Tauger is offline   Reply With Quote
Old June 10th, 2004, 12:19 PM   #14
Trustee
 
Join Date: Mar 2004
Location: Carlsbad CA
Posts: 1,132
be sure and copy down the entire email header, along with the message... without that, it would be a lot harder to track down.
Dan Euritt is offline   Reply With Quote
Old June 13th, 2004, 07:08 AM   #15
Major Player
 
Join Date: Sep 2001
Location: Andalucia, Spain
Posts: 301
Thanks everyone. Think I'm going to give it a go! Will post result.
__________________
Film & TV locations & production Spain
http://www.fotofilmvideo.com/
Dan Uneken is offline   Reply
Reply

DV Info Net refers all where-to-buy and where-to-rent questions exclusively to these trusted full line dealers and rental houses...

B&H Photo Video
(866) 521-7381
New York, NY USA

Scan Computers Int. Ltd.
+44 0871-472-4747
Bolton, Lancashire UK


DV Info Net also encourages you to support local businesses and buy from an authorized dealer in your neighborhood.
  You are here: DV Info Net > And Now, For Something Completely Different... > Taking Care of Business

Thread Tools Search this Thread
Search this Thread:

Advanced Search

 



All times are GMT -6. The time now is 12:34 AM.


DV Info Net -- Real Names, Real People, Real Info!
1998-2024 The Digital Video Information Network