Electronic Record Authenticity in Evidence

Ali Yousuf Al-Batosh

doi:10.7176/jlpg/104-05

Abstract

With the adoption of the legislator to the principle of functional equivalent, the individuals dealing with electronic transactions became more confident in the electronic record as a tool used to save their procedures that are conducted through the electronic means , and where it has become possible to present electronic record as an evidence in the lawsuit , the judge no longer has the right to refuse the electronic record as an evidence as long as it includes the necessary conditions, and is provided on an electronic mean "which is the reason for which the court rejected the electronic record as evidence "By referring to the Electronic Transactions Law, we find that the legislator graded in the authenticity of the electronic record, by the difference in the type of signature associated with the electronic record until , we reach the state in which the electronic record is not associated with a signature . Therefore, a research will be conducted regarding the authenticity of each record separately, indicating the extent of the evidential power it has, in addition to the research for the adequacy of the provisions that the legislator applied to the electronic record and to what extent the electronic record as a means of. proof is able to dispense with the traditional means of evidence.Until we come to a conclusion that the legislator granted the electronic record th evidential power that it granted to the traditional means, by referring the determination of its evidential power to the general rules. However, we sometimes find that such a matter is not commensurate with the nature that the electronic record enjoys, especially when searching in the electronic commercial record .This study has been divided into two requirements. The first requirement discusses the cases in which the authenticity of the electronic record is presumed and the second requirement discusses the cases in which the authenticity of the electronic record is not presume Keywords: electronic record, electronic signature, unsigned documents, electronic commercial books, the principle of written evidence . DOI: 10.7176/JLPG/104-05 Publication date: December 31 st 2020

Highlights

The development of electronic technology in the field of communication has led to the emergence of new ways of sending and receiving data, which has led to the establishment of electronic commercial markets through which the buying and selling operations and everything related to it are carried out,until we reach the delivery process.Due to the increased use by the dealers in this way, this has led to the need for electronic means to save these transactions, the saving of which commensurate with its special nature
We find that the legislator stipulates that in order for the record to be fully authentic in evidence, it must be accompanied by an authenticated signature, and the signature shall be authenticated according to what the legislator stipulated in the same law in article 16 that the signature is unique to his owner and is different from others, to identify its owner's identity, that the private key is subject to the control of its owner at the time of the signature procedure, and that this signature shall be associated with the record in a way that does not allow any amendment to the electronic record after signing it The legislator stipulates even more serious conditions to authenticate the electronic signature
The electronic record that holds this authenticity is subject to electronic signature authentication, we find that the legislator elevates this record to the level of the official bond, as he considers it as an authenticity for the concerned parties and the third parties, but this elevation does not upgrade the electronic record associated with the authenticated signature to the level of an official bond, because it is required for the official bond to be issued by a competent employee who has the authority to issue the official bond,[3] where this electronic record is created and prepared by the parties to the transaction themselves, but thisbond is signed with an authenticated signature

Summary

Introduction

The development of electronic technology in the field of communication has led to the emergence of new ways of sending and receiving data, which has led to the establishment of electronic commercial markets through which the buying and selling operations and everything related to it are carried out ,until we reach the delivery process. The customers built confidence in electronic record as a tool to save their transactions and need not to traditional methods of saving, when the legislator recognized and equated between electronic means and traditional means in evidence , as well as when making the submission of the electronic record equals the submission of the original copy of the data as long as its conditions are fulfilled This was through the legislature's regulation of electronic transactions and the authenticity of the electronic record in a special law, which is the Electronic Transactions Law No 85 of 2001, which has been canceled according to the Electronic Transactions Law No 15 of 2015. The Jordanian legislator stipulated the existence of an electronic signature on the record in order for the record to be used as an evidence, because of the importance of the signature to show the identity of the signing person and the expression of his will and that he is alone in using it

Problematic Issues of the Study

The Previous Studies

Conclusion