<disclaimer>
IANAL (I am not a lawyer, I only watch Law & Order, also, my case law is
Canadian based as opposed to US based)
</disclaimer>
>From what I recollect, the major difference between Criminal Law ("beyond
reasonable doubt") and Civil Law ("Is there doubt") is just that. Under
Criminal Law, the Crown (sorry, Canadian centric, read the State if you are
US centric) has to prove "beyond any reasonable doubt" that a crime was
committed. In Civil Law, all the plaintiff has to prove is that there is
"some doubt" that a "wrong" has been committed.
This (again, only my opinion) is why OJ Simpson was found innocent of any
Crime in a court of Criminal Law, but was found guilty in a Civil Court of
causing the "wrongful death" of Nicole Simpson.
But again... I am not a lawyer... only an IT geek that watches L&O and has
taken one Business Law course...
-----Original Message-----
From: Anthony McInerney [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, September 05, 2001 15:46
To: NT System Admin Issues
Subject: RE: Legal Email Issues - Dont shoot me :) -
I thought it was innocent until proven guilty????
Don't they *have* to prove (even you were at your PC) that it was you who
logged into the account and sent the message?
Sounds like crap to me.
but thats just me, judges OBVIOUSLY know more about IT than we do.
:)
-----Original Message-----
From: Wayne Langford [mailto:[EMAIL PROTECTED]]
Sent: 05 September 2001 22:57
To: NT System Admin Issues
Subject: RE: Legal Email Issues - Dont shoot me :) -
When it comes to courts and justice it all depends on the judge. I was
nailed for sending an email when I was under a temporary restraining
order. I had two witnesses that testified that I was standing in their
front yard (20 minutes before the email was sent and one hour after the
time stamp) when this email was sent from a hotmail account. The judge
ruled that I could have set my computer to any time I wanted and sent
the email. Of course it's impossible to change the time on a hotmail
account, but there is no since in arguing with a judge when his mind is
made up you are guilty, then you are guilty.
-----Original Message-----
From: Benjamin Zachary [mailto:[EMAIL PROTECTED]]
Sent: Wednesday, September 05, 2001 10:05 AM
To: NT System Admin Issues
Subject: OT: Legal Email Issues - Dont shoot me :) -
This is kind of a personal issue, but maybe someone could help me out as
it relates to legalaties for email. My x-wife typed stuff up in word to
look like an email and put threats and various obscenties in it. There
is no header info just says subject,to,from and the offending text it
could simply be typed in word (and was btw!:) ).
Anyhow, I went online to mail.com, yahoo.com, hotmail.com, outlook,
outlook express, and aol.com and printed up an email from each to show
that this isnt what an email looks like. I also printed the header info
from both outlook and outlook express to show server transactions. My
lawyer is bringing in 'an email expert' to certify the email doesnt show
anything. Any ideas.. would be grateful
Although this is pertaining to my personal problem, it may be
interesting to know what the law is viewing as a valid email vs.
fraudlent email. I read up on some cases online but most dealt with
spammers and not holding an email for an assault or contract negotation.
Thx to any who have some ideas!
http://www.sunbelt-software.com/ntsysadmin_list_charter.htm
http://www.sunbelt-software.com/ntsysadmin_list_charter.htm
http://www.sunbelt-software.com/ntsysadmin_list_charter.htm
http://www.sunbelt-software.com/ntsysadmin_list_charter.htm
