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3 Digital Evidence & Elec. Signature L. Rev. 60 (2006)
The Evidential Value of the Data-Message in Iran

handle is hein.journals/digiteeslr3 and id is 60 raw text is: Introduction The borderless, inexpensive, instant nature of the internet has made products easily available to consumers worldwide in a manner that has never existed previously, and spurred the growth of e- commerce internationally. In this connection, decades ago, there might have been controversy surrounding admissibility of data-messages in litigation, but it is now routine. Therefore, at present, the clear global trend is toward a wider recognition of the legal validity of electronic records. Many different jurisdictions have now recognized the legal validity and enforceability of electronic records and documents. Iran joined them in 2004. As a prototype, Iran's legislature has used the UNCITRAL Model Law on E- Commerce., Parallel with developments in e-commerce, the doubts on admissibility of electronic records previously held by legal institutions are rapidly disappearing. Today, electronic records are widely accepted by courts and other legal bodies. Advances in information technology and the corresponding increase in comfort and familiarity that the legal community has developed with those systems have largely driven this widespread acceptance. New statutes and rules that mandate such acceptance have also facilitated acceptance of electronic data-messages as evidence.' Not only contracts, but also any information stored in electronic form may, at some point, need to be introduced as evidence in legal proceedings. A business may need to bring in electronic records to prove the existence of a contract, or may wish to contest the authenticity of an electronic record, or the accuracy of the information it contains in order to disprove the existence of a contract. Also, in litigation, electronic records may be required to prove the facts of liability. Further, electronic records as evidence in jurisdictions around the world, are relevant in litigation between private parties and in cases initiated by governments. Evidence consists of information that assists a court or other legal institution to identify facts relevant to the dispute. It contains testimony, writings, records, material objects, or other things. According to Article 194 of the Civil Procedure Act of 2000, evidence is a means which the litigants use either for establishing a case or defending the case, and according to Article 1258 of the Civil Code of 1934, it includes confessions, written documents, oral testimony, indications and oaths. Types of data-message Electronic records are widely accepted by courts and other legal bodies. Advances in information technology and the corresponding increase in comfort and familiarity that the legal community has developed with those systems, have largely driven this widespread acceptance. New statutes and rules that mandate such acceptance have also facilitated acceptance of electronic data-messages as evidence. According to Article 2 of the Electronic Commerce Act of 2004 (hereafter E-commerce Act) 'data-message' means any symbol of event, information or concept, which is generated, sent, received, stored, or processed with electronic, optical, or new information technology means. Therefore, in Iran, whatever is visible on a screen on a computer, such as text, photographs, schedules, maps, tables, charts, films, animations, and so on, are The United Nations Commission on International Trade Law (UNCITRAL) made special attention to data-messages which indicate the conclusion of contracts, and in order to support the need for valid, internationally recognized commercial contracts in electronic commerce, developed a model law on e-commerce that defines the characteristics of a valid electronic contract for e- commerce, provides default rules and norms for the formation and performance of such contmats, provides for the acceptability of electronic signatures for legal and commercial purposes, and supports the admission ofcomputer evidence in arbitmtion and litigation proceedings. Jeffrey H. Matsuura, Security Rights, & Liabilities in E-Commerce (Artech House Computer Security Series, 2002), p 19. I ~ 1 DIGITAL EViDENCE AND ELECTRONIC SIGNATURE LAW REVIEW www.deaeslr.org lo DWRITTEN BY: H MANDR AHAD GHOLIZADEH www.deaesir.org (5) DIGITAL EVIDENCE AND ELECTRONIC SIGNATURE LAW REVIEW

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