US Law: E-Sign & E-Delivery Proof
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.