Contributo allo studio sul valore probatorio delle e-mail

Risultato della ricerca: Articlepeer review


The author faces the debated problem of the nature and the consequent probative value of the e-mail. After reviewing the possible solutions, he concludes that e-mail is an electronic document signed with a “simple” signature. Indeed, the electronic signature (similarly to what happens in other cases, such as purchases of goods and services via online platforms) is posted in the e-mail through a procedure with progressive training, during which the signer is called: 1) to authenticate himself using his username and password; 2) to surf and type the message in "authenticated" mode; 3) to confirm his willingness to send the message through the appropriate command. The connection between the signature and the received document can be identified in the e-mail message, by displaying it in "source code" mode. Finally, the author observes that the character of “electronic reproduction” ex art. 2712 c.c. is recognizable in any files attached to the e-mail message, as well as in “forwarded” quoted conversations (in case of use of the “forward” or “reply” command).
Lingua originaleItalian
pagine (da-a)1-38
Numero di pagine38
VolumeApprofondimento del 19 luglio 2019
Stato di pubblicazionePublished - 2019

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