The name in an e-mail address
The name in an e-mail address is capable of identifying a person, especially where an e-mail address in an organization, whether public or private, is allocated by setting out the name of the person followed by the domain name of the organization. There are other variations that can be used, such as when an e-mail address describes the office or function of the person, rather then their name. However, even this, if allocated to a single person, can also function to identify a particular person.
The link between the prefix of the e-mail address and the person responsible for sending the e-mail can be problematic: for instance, the sender may be able to choose the first part, and may decide to adopt letters or numbers or a combination of letters and numbers with a view to obfuscating their identity. Further, the true e-mail address might be hidden by the sender. If it was not obvious who the sender was, and if correspondence ensues and a dispute occurs, it will be a matter of establishing what, if any, evidence there is pertaining to the source of the relevant e-mails as a preliminary point. It has been held in a number of jurisdictions that the name in an e-mail address, or the combination of the name and the domain name in an e-mail address can be a form of electronic signature.
A number of cases have been recorded, as follows:
Australia
McGuren v Simpson [2004] NSWSC 35, Limitation Act 1969 (NSW)
England & Wales
J Pereira Fernandes SA v Mehta [2006] 1 WLR 1543, Statute of Frauds 1677, s4 (The decision in this case differes to the others listed on this page - for a full analysis, see Stephen Mason Electronic Signatures in Law (Tottel, 2nd edition, 2007), paragraphs 10.22 - 10.25 and Daniel Seng, ‘The Singapore Electronic Transactions Act and the Hong Kong Electronic Transactions Ordinance’, Digital Evidence and Electronic Signature Law Review 5 (2008) 7 - 20)
Greece
1327/2001 – Payment Order, Civil Procedure Code (English translation by Michael G. Rachavelias, Case Translation – Greece, Digital Evidence and Electronic Signature Law Review 3 (2006) 104 - 107)
Israel
Atias v Salfan Ltd, Tel-Aviv Peace Court Civil Case 24210/06, (5 July 2006, unpublished decision), legal fees arrangement
Italy
Tribunale Mondovì, 7 giugno 2004, n. 375 (decr.), Giur. It. 2005, 1026, payment of legal fees (For a translation of the pleadings, see Gian Paolo Coppola, ‘Case Note’, Digital Evidence and Electronic Signature Law Review 4 (2007) 86 - 88)
Singapore
SM Integrated Transware Ltd v Schenker Singapore (Pte) Ltd [2005] 2 SLR 651, Civil Law Act (Cap 43, 1994 Rev Ed) (Bryan Tan, ‘Case note’, Digital Evidence and Electronic Signature Law Review 2 (2005) 112 – 113)
United States of America
United States of America v Siddiqui, 235 F.3d 1318 (11th Cir. 2000), means of authentication
