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Has this kind of repudiation ever been tested in the real world? It's hard to imagine a court throwing out email evidence because it lacked a DKIM signature. An
by moyix 6y ago
Has this kind of repudiation ever been tested in the real world? It's hard to imagine a court throwing out email evidence because it lacked a DKIM signature. And on a personal level seeing a chat transcript that had cryptographic non-repudiation would make me likely to believe it, but seeing one that lacked it would probably not weigh heavily in how I came to that determination.
- some_furry 6y ago> Has this kind of repudiation ever been tested in the real world? It's hard to imagine a court throwing out email evidence because it lacked a DKIM signature. They're more likely to ask their expert witness to testify about the evidence, and the deniability of the DKIM signature could be brought up by the expert witness as a reason to distrust the evidence. I wouldn't expect lawyers to discover this argument from first principles. Has it ever happened? Not that I know.
- moyix 6y agoThe success of the "trojan defense" is encouraging on this point, I guess: https://en.wikipedia.org/wiki/Trojan_horse_defense#Cases_involving_the_Trojan_Horse_Defense https://en.wikipedia.org/wiki/Trojan_horse_defense#Cases_inv... I'm sure defense lawyers would love it :)
- Natanael_L 6y agoI would expect any half decent prosecutor to focus on how the emails were acquired when a verifiable DKIM signature is missing. Then the defense doesn't even need to bring that argument up, just challenge the provenance of the evidence.