Guides & Opinions
Legal Review of RPost Registered E-mail™, RMail, and RSign service in context of
Electronic Law relative to Authentication and Admissibility Requirements.
According to this legal memorandum, RMail delivers a Registered E-mail™ message to the
recipient and returns verifiable
evidence of the precise content (message body and all attachments) and official time the
e-mail was sent and received by
each recipient. The service accomplishes this without any extra recipient action or special
settings or software on the
recipient side. “RPost’s Registered E-mail™ service receipts are court admissible as to
their fact of delivery, as to
their time of delivery and as to the authenticity of their content. In addition, RPost’s
evidentiary benefits may go
beyond admissibility to the weight of the evidence. By utilizing RPost® services, we would
argue, not only is the e-mail
admissible, but the authentication of its content and context may lend it greater credence.”
This legal review presents
the following further conclusions as to this Registered E-mail® service:
(1) DELIVERY PROOF: RPost’s Registered E-mail® service provides a record of sending and
receiving in accordance with the
Uniform Electronic Transactions Act (UETA) by recording the recipient’s server’s receipt
thereof;
(2) CONTENT PROOF: The encryption and tamper-detectability of RPost’s Registered E- mail®
service preserves the contents
of emails and their attachments so as to satisfy process requirements designed under UETA or
the Electronic Signatures
in Global and National Commerce Act (ESIGN) and evidence law and to establish evidence of
content;
(3) OFFICIAL TIME STAMP: RPost’s link to a trusted and objective time source provides
essential and credible evidence in
disputes in which the time an email was sent or received is material to the case;
(4) ADMISSIBLE EVIDENCE: RPost’s Registered E-mail™ service receipts are admissible as to
their fact of delivery, as to
their legal time of delivery and as to the authenticity of their content;
(5) FUNCTIONAL EQUIVALENCE: RPost’s Registered E-mail™ service, under UETA and ESIGN, can
serve as the functional
equivalent of paper mail, to be used in lieu of certified mail, registered mail, return
receipt mail, private express
mail services, fax logs and similar types of paper mail services; and
(6) ELECTRONIC ORIGINAL: RPost’s Authentication Receipt™ provides a true electronic original
of the message content,
message attachments, and transmission meta-data including the delivery audit trail.
