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by prima-facie 2654 days ago
This has the potential to create a huge legal headache.

We can no longer rely on email to be there in our archive and presented as evidence in court, but now have to worry about expiry.

In many countries an exchange of emails which represents a series of terms, restrictions, an offer, and finally acceptance can be considered a legally binding contract between parties and can be presented in court.

With expiry and email DRM we now have entered the alternative reality of such contracts written with disappearing ink.

4 comments

If it’s from your org, vault keeps the records, if it’s from personal or outside gmail accounts those vaults should retain records. A court order could compel the other party to provide records.

Of course this adds a complication but it’s not completely deleting the records everywhere.

>this adds a complication

This increases the cost of access to justice so it reduces access to justice.

Is this situation not the same as verbally binding legal contracts? What you need is to record your expiring messages otherwise it'll just devolve into a they said, they said in the courtroom.
It's not the same. In business Email is established as a written form of agreement.
This isn't email, so I don't see how that is applicable.
Applies to any written form of communication
In the US, at least, there is a significantly differently model of validity of written and oral agreements.
I think the alternative reality we're entering is one where we cannot communicate without record. We coped in the past, where putting something in writing was the exception, not the default. As direct vocal communication becomes less common, it highlights the importance of being able to speak off-the-record.

That said, these measures provide little guarantee of that.

Don't use expiring emails for that purpose.

Seems simple enough.

Seems simple to you and me. But there are plenty of non-technical bosses who will direct everyone in the company to only use expiring e-mails because they don't really understand the consequences.