Posted: Fri Jul 27, 2012 5:55 pm Post subject: emails from a deleted account as evidence
Can emails received from a Gmail (or Yahoo or Hotmail) account be considered as evidence in court if the account is found to be deleted or deactivated at the time of presenting the emails in court?
In fact, if the account had been deleted during the period between the date of the emails and the date of presenting the emails in court, can the alledged sender simply not claim that the account does not exist or never existed?
Joined: Nov 01, 2005 Posts: 435 Location: Marion, Indiana, USA
Posted: Fri Jul 27, 2012 8:31 pm Post subject:
I read this question several times before it made any sense at all to me. I will break it down and hopefully I managed to figure out what you were actually asking.
1. Yes, emails can be used as evidence even if you have closed the account associated with the email. Closing an account does not "delete" the account or the fact that it existed in the first place and the data will still be archived on the servers of the host.
2. The sender can claim anything they want. It will however be quite easy to prove that the account did in fact exist (if it did exist), that the emails were in fact sent through the account (if they were sent through it), that the account was closed on whatever date it was closed on and whatever ip(s) each of these activities originated from.
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