EMail Evidence!
 
Notifications
Clear all

EMail Evidence!

9 Posts
8 Users
0 Likes
626 Views
sirjeimz
(@sirjeimz)
Posts: 15
Active Member
Topic starter
 

Hello Guys!

I am looking for case laws in which Email Evidence - particularly Originating IPs from EMail Headers were used to prosecute offenders. Glad if anyone can assist.

 
Posted : 12/06/2010 1:32 pm
(@joeltharas)
Posts: 53
Trusted Member
 

Hello Guys!

I am looking for case laws in which Email Evidence - particularly Originating IPs from EMail Headers were used to prosecute offenders. Glad if anyone can assist.

Hi!

Law enforcement in this case is not the same in every country, so this should be keep in mine.
I believe that you are in FIJI, not sure about the law enforcement over there.
I am in the UK and have seen cases where Email Headers were used to prosecute offenders.

Joel.

 
Posted : 12/06/2010 4:08 pm
sirjeimz
(@sirjeimz)
Posts: 15
Active Member
Topic starter
 

Joel,

Thanks for your response.

Our Parliament, Judiciary and law enforcement system is based upon the British System! Since the British were here as our colonists. What exists today in our judicial system is more or less the same as the laws in Great Britain. We do also use Case Laws from criminal cases throughout the Commonwealth in our courts.

Since this is a new area, (computer offences enacted this year), I need some assistance in this, because I can use those same case laws to support a case I am working on.

Particularly as I have highlighted before - Using IP's from Email Headers to pinpoint, prosecute and convict an offender.

 
Posted : 13/06/2010 12:06 pm
(@mistermister)
Posts: 18
Active Member
 

Sirjeimz

I don’t think that you will find much case law where only IP address (or email headers) alone have been used to convict.

There are a number of reasons for this.

The first reason is that, it always used to be heavily stressed by the telecoms and ISP’s that any assistance provided in furnishing law enforcement with subscriber details as a result of reverse IP searches (or similar) was for “Intelligence purposes only”.

The second reason is the level of proof required. At criminal court the level of proof is beyond reasonable doubt. Bearing this in mind, the evidence of only a reverse IP search would only point to a subscribers location, and would not necessarily indicate a single computer never mind a single person. This would leave more than sufficient doubt as to an individuals guilt.

There are cases in which IP addresses have been produced as evidence so perhaps things have changed a little, or in extraordinary circumstances the ISP will allow there reverse searches to be used as evidence, but even in these cases there is usually a lot more to the circumstances.

Usually an event happens that comes from an IP address, a reverse search is done and on this basis a warrant or arrest is made. At the warrant (or arrest) computer equipment is seized and subsequently examined. It is when evidence is produced from the suspects and victims computer which corroborate each other that you will get a case with which you can proceed at court.

It is this approach that perhaps you need to follow, rather than trying to base a case on just an IP reverse search.

 
Posted : 15/02/2011 2:44 pm
mgilhespy
(@mgilhespy)
Posts: 102
Estimable Member
 

given how trivially easy it is to spoof email headers, I would shocked if you found a single case where that information alone was sufficient to convict.

 
Posted : 15/02/2011 2:53 pm
binarybod
(@binarybod)
Posts: 272
Reputable Member
 

given how trivially easy it is to spoof email headers, I would shocked if you found a single case where that information alone was sufficient to convict.

I agree wholeheartedly 😯

Paul

 
Posted : 15/02/2011 4:06 pm
(@keeper)
Posts: 106
Estimable Member
 

given how trivially easy it is to spoof email headers, I would shocked if you found a single case where that information alone was sufficient to convict.

I agree wholeheartedly 😯

Paul

So email evidence is generally circumstantial if taken into consideration ?

 
Posted : 16/02/2011 1:42 am
4n6art
(@4n6art)
Posts: 208
Reputable Member
 

I agree with Mgilhespy and Binarybod.

My response to you would be No. )

Not to speak for what either of them meant, but the key word in that statement is ALONE - relying on header information alone, absent any other corroborating evidence (like ISP info or other legit emails maybe sent from that same IP before the bad emails started) is a bad idea.

So email evidence is generally circumstantial if taken into consideration ?

 
Posted : 16/02/2011 1:47 am
(@michael556)
Posts: 12
Active Member
 

The short answer is no, IP addresses can't be used as reliable evidence in court, since they only identify a LAN's router and therefore can't be assigned to any one individual. At best, an IP address can only support a case.
I've been following developments since the Digital Economy Act was passed in the UK, and if you look at that and similar copyright laws closely, you'll find they are very badly conceived.

Last month the court ruled (for the second time, I think) that IP addresses aren't valid for proving a person committed an offence. This was the result of a civil case between a firm known as ACS Law and several alleged offenders that turned out to be innocent, either because someone else was using their routers, or because the ISP passed on the wrong IP addresses (which can happen).

 
Posted : 28/02/2011 9:00 pm
Share: