legal question about email

  Main Access 22:27 09 May 2007

How long does an ISP have to keep an email for?
I am currently in the RCJ defending myself. My friend has received an email about 2 years ago that proves the case that I am trying to defend. Unfortunately he has deleted it. The question is
1. Will BT still have a record of it?
2. Can he request BT to resend it?
3. Can the sender say no?

  spuds 22:40 09 May 2007

Why not ask BT direct for the answer, if that is the ISP. All ISP's and email forwarding and storage services have to retain evidence of emails for a certain period, should the authorities require this for investigation.

  Main Access 22:51 09 May 2007

the question is, how long do they have to keep them?
I will look stupid if i have to get a court order for something that no longer exists.
Secondly, can any party of the email say that i should not have it.

  Forum Editor 23:01 09 May 2007

that ISP's are not required to retain email data for more than six months.

Even if you were still within this period, your friend could not gain access to the retained data, and in any event, the retained information only consists of:-

Log-on (authentication user name, date and time of log-in/log-off, IP address logged-in from)

sent email (authentication user name, from/to/cc email addresses, date and time sent)

received email (authentication user name, from/to email addresses, date and time received).

Under the provisions of the Regulation of Investigatory Powers Act 2000 (RIPA) access to this retained information is restricted to:-

* Police forces (as defined in section 81(1) of RIPA)

* National Criminal Intelligence Service

* National Crime Squad

* HM Customs and Excise

* Inland Revenue

* Security Service

* Secret Intelligence Service

* Government Communications Headquarters

and even they can only ask to see it in certain circumstances:-

* in the interests of national security

* for the purpose of preventing or detecting crime or of preventing disorder

* in the interests of the economic well-being of the United Kingdom

* in the interests of public safety

* for the purpose of protecting public health

* for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department

* for the purpose, in an emergency, of preventing death or injury or any damage to a person's physical or mental health, or of mitigating any injury or damage to a person's physical or mental health

* for any purpose (not falling into the above) which is specified for the purposes of this subsection by an order made by the Secretary of State.

  p;3 23:09 09 May 2007

FE has given you a thorough reply ; I am curious to know who is defending whom?that point does not seem clear?

and what are your qualifications etc; DO you have any legal powers?

  Forum Editor 23:16 09 May 2007

It's pretty clear:

"I am currently in the RCJ defending myself."

Which is all we need to know.

  TOPCAT® 00:09 10 May 2007

Looks like your only hope is if your friend has made and kept backups off his computer that covered that period and which may have slipped his mind. It's a long odds chance but you never know! TC.

  p;3 00:16 10 May 2007

'I am currently in the RCJ defending myself. My friend has received an email about 2 years ago that proves the case that I am trying to defend'

this is why I asked who was defending whom; also whether you are receiving expert guidance oN this? in other words, do you have access to anyone who IS(might be) able to obtain the info you might need?

  €dstowe 06:35 10 May 2007

Would an email be acceptable as evidence?

I am conducting a quite valuable deal that the moment with a client in Canada and whilst most business can be conducted by email, all documents of value (ones with signatures and legal meaning - such as contracts) MUST have a real signature in ink and signed in the presence of witnesses.

One glance at an email will show how incredibly easy it would be to forge and I can easily see why courts would not accept them. OK, an email with all the "hidden data" on it may have a chance but this information is not normally available.

  silverous 12:20 10 May 2007

Lots of documents relating to a company I'm involved in setting up have been signed 'electronically' i.e. an electronic copy of a signature pasted into a document (by the person wanting to sign it) then emailed to the lawyers. None have grumbled so far but perhaps the documents wouldn't stand up ?

  spuds 12:48 10 May 2007

Regarding 'electronic signatures', I have noticed that this method is becoming more acceptable nowadays. Recently, I was conducting a deal, and the other party agreed to use this procedure for 'quickness in time'.

I still stand by what I stated earlier. Contact the necessary people (BT?)for information, especially if the whole affair concerns legal and confidential issues.

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