[ILUG] Completely loo-lah law requiring retention of e-mailheaders for 3 years

Proinnsias Breathnach proinnsias at linux.ie
Wed Jan 23 17:47:05 GMT 2008


On Wed, Jan 23, 2008 at 05:29:48PM +0000, Ruairi. Hickey @ Collon. ie wrote:
> > Even then email is a best effort service. Current email protocols
> > don't guarantee delivery. For all the ISPs log knows the email packets
> > could have been dropped by the firewall / spam filter. Just because an
> > email is sent doesn't mean it was delivered.
> > --
> 
> AFAIK, under the 2003 E-Commerce act if an email has left the last mx box
> under your control it is deemed recieved....
> 
> Ruairi

Curious ... because postal mail isn't considered legally "delivered"
until 28 days after posting IIRC, thus demands of payment within 28 days
of receipt must allow for 56 days from postmark of invoice to postmark
of cheque, or a total of 84 days end-to-end ... And that's with a
regulated postal system in the middle ... 

I'd wager in court, you'd have a pretty hard time proving an email which
has left the last server under your control has been delivered,
regardless of the content of the act ... 

P



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