I actually took a stab at that last week:
Everyone here knows I'm of the opinion that there are few legal barriers
to the use of electronic technologies, including imaging. However, the
legal permissioning is based upon the ability of the technology to
accurately reproduce and store the data. The operant word here is
'accurately.' A few years ago, someone on this August List noted, in
the context of OCR errors, that a 10 digit number that has a single
erroneous digit isn't 90% right, it's 100% wrong. I could not agree
more, and I am confident that anybody with arithmetic in their
background will agree. Therefore, a technology that switches digits
isn't accurately reproducing the record.
If someone's been using it to batch process accounting records or
engineering documents or some other number-intensive doc type, there
could be one hell of a problem from an admissibility and legal
compliance standpoint, particularly if they've destroyed the originals
(leaving aside the other potentially catastrophic consequences of bad
numbers in things like engineering docs). A smart lawyer could
legitimately challenge their admissibility in court, and a tax auditor
could easily disallow them in an audit, should they become aware of the
software issue. Even if you've still got the originals, going back and
doing a QC check of a zillion original AP invoices will be a formidable
proposition, to say the least. There are going to be a lot of 6's and
8's that could have got transposed in there, not to mention 1's and 7's,
3's and 8's and so on.
David Gaynon wrote:
> So what do you think - does this create an authentication issue and how would you resolve it. And what if the company is unable to locate the hard copy note and deed of trust which is apparently lost
>
>
--
Best regards,
John
John Montaņa
Montaņa & Associates
29 Parsons Road
Landenberg Pennsylvania 19350
610-255-1588
484-653-8422 mobile
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twitter: @johncmontana
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