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How to prove in a court of law that a similar email address is not  mine?

By Steven Blood ยท 11 replies
Apr 3, 2019
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  1. Need some help a individual created emails using a email similar to mine. How do I prove its not me?
     
  2. jobeard

    jobeard TS Ambassador Posts: 12,754   +1,490

    First, are both accounts on the SAME ISP, eg: both are on @gmail.com?
    If not, then you could show your ISP is not his ISP.
     
  3. Steven Blood

    Steven Blood TS Rookie Topic Starter

    the address he used is on gmail I am xyz@gmail he is xyzinc@gmail how do I get his ISP
     
  4. jobeard

    jobeard TS Ambassador Posts: 12,754   +1,490

    You are BOTH using the same GMAIL service, so this approach fails.
    while similar, there is NO confusion at all between these email addresses.

    • xyz@gmail
    • xyz@hotmail
    This is not confusing either, but easily misread

    I see no reason for you to be concerned.
     
    seeprime likes this.
  5. Cycloid Torus

    Cycloid Torus Stone age computing - click on the rock below.. Posts: 3,931   +1,161

    "he is xyzinc@gmail" This is a 'real' address, just not yours. The court doesn't 'know' that. Justice is blind. You have to show them in detail. Only what you PROVE will have any meaning for the court. I do not think they are even allowed to 'know' whether it is raining out or not.

    Ask your lawyer if the sworn written statement of a Doctorate in IT would be sufficiently 'expert' to explain that this address of his is not yours or, failing that, that it cannot be a legitimate identifier specific to you or to anyone. Then hire such 'expert', possibly from local college/university.

    IANAL so check what I have suggested with competent legal advisor.

    PS Is what happened here like an Identity Theft?
     
    Last edited: Apr 3, 2019
  6. jobeard

    jobeard TS Ambassador Posts: 12,754   +1,490

    Remind your lawyer that infact, email never has any authenticated ownership. No proof of identity is required to create an email address. Gmail is a world wide FREE service and anyone anywhere can acquire an email address as long as it is not previously allocated.

    No IP address is sufficient either as from day to day the IP address can change due to the ISP release/renew for clients once beyond the Lease Period.

    The department of labor would need better ID information than just an email address to begin any action. That person would need more info to file any lawsuit.
     
  7. TheDreams

    TheDreams TS Evangelist Posts: 632   +68

    Not sure why they would even think that it is you, each email address is unique, no matter how similar. There is absolutely no case there, no matter what they're saying.
     
  8. Cycloid Torus

    Cycloid Torus Stone age computing - click on the rock below.. Posts: 3,931   +1,161

    True, but the court cannot usually make that judgement without corroboration unless you have a judge who regards it as common knowledge - and not many are IT experts..
     
    MaikuTech likes this.
  9. jobeard

    jobeard TS Ambassador Posts: 12,754   +1,490

    Don't forget that the burden of proof is on the plaintiff, not you.
     
  10. jobeard

    jobeard TS Ambassador Posts: 12,754   +1,490

    If they file factually errant lawsuit, counter file against them :)
     
  11. MaikuTech

    MaikuTech TS Evangelist Posts: 1,047   +183

  12. jobeard

    jobeard TS Ambassador Posts: 12,754   +1,490

    Sorry; The email server may not literally be associated with your Internet Service Provider(ISP). Certainly yours is not as you're using GMAIL.

    Our ISP (originally) was Roadrunner and Email was/is a free service:

    Roadrunner
    Read: mail.twc.com {where the client Inbox resides}

    Write: smtp-server.roadrunner.com {the out going server}​

    Today, we have multiple email addresses, some are on Gmail.
    imap.gmail.com

    smtp.gmail.com​

    A web browser interface will not show the email headers, but they are still there.

    Just remember, that email server addresses will remain constant and are reliable while client addresses (aka users like you and me) can easily change and are unreliable.

    An email client like Outlook or Thunderbird can view the details which will show the IP addresses,
    (I've annotated the addresses with '<< owner's name' per nslookup or whois) eg:
    Code:
    X-Account-Key: account13
    X-UIDL: 5005f86c-569f-11e9-b11d-e0adf92c9f3f
    X-Mozilla-Status: 0001
    X-Mozilla-Status2: 00000000
    X-Mozilla-Keys:                                                                                
    Return-Path: <techspot.webmaster@gmail.com>
    Received: from dnvrco-cmimta24 ([107.14.70.244]) << Charter Communications Inc
              by dnvrco-fep08.email.rr.com
              for <$RECIP$@roadrunner.com>; Thu, 4 Apr 2019 06:03:05 +0000
    Received: from mail-yb1-f193.google.com ([209.85.219.193])  << Google LLC
       by esmtp with ESMTP
       id BvSphG6toqp7gBvSrhOmct; Thu, 04 Apr 2019 06:03:05 +0000
    Received: by mail-yb1-f193.google.com with SMTP id b82so546125ybg.11
            for <$RECIP$@roadrunner.com>; Wed, 03 Apr 2019 23:03:05 -0700 (PDT)
    DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed;
            d=gmail.com; s=20161025;
            h=sender:subject:to:from:message-id:date:mime-version;
    X-Google-DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed;
            d=1e100.net; s=20161025;
            h=x-gm-message-state:sender:subject:to:from:message-id:date
             :mime-version;
    X-Gm-Message-State: APjAAAXNBjjBLYbk918rRj/35hQVCMbU6bZBZFFKbRR1/AVmVsfRHRL7
       Zil0KIvGRTzRDWJEdocEsGeNMxpe
    X-Google-Smtp-Source: APXvYqzB6e/6nPjAc2j+GrRn36IrF1ZKYlhIya8KbUHNzXHLvlvRk6fF0heIZYgLziS4GB47uXUOTw==
    X-Received: by 2002:a25:d04b:: with SMTP id h72mr3814001ybg.228.1554357783462;
            Wed, 03 Apr 2019 23:03:03 -0700 (PDT)
    Return-Path: <techspot.webmaster@gmail.com>
    Received: from localhost ([2607:f0d0:1301:b::2]) << Julio Franco aka Techspot
            by smtp.gmail.com with ESMTPSA id 14sm5507963ywu.40.2019.04.03.23.03.02
            for <$RECIP$@roadrunner.com>
            (version=TLS1_2 cipher=ECDHE-RSA-AES128-GCM-SHA256 bits=128/128);
            Wed, 03 Apr 2019 23:03:02 -0700 (PDT)
    Sender: TechSpot Newsletter <techspot.webmaster@gmail.com>
    Subject: Social - Facebook not working via WiFi - New reply to watched thread
    To: jobeard <$RECIP$@roadrunner.com>
    From: TechSpot <webmaster@techspot.com>
    X-To-Validate: 970b147b+$RECIP$@roadrunner.com
    Return-Path: webmaster@techspot.com
    Message-Id: <78dc3a9adf44ce60ceae48cc816cf3ade819a373@_>
    Date: Thu, 04 Apr 2019 01:03:01 -0500
    Content-Type: multipart/alternative;
     boundary="=_270b824e729a969cc3660a3c5d13707a"
    MIME-Version: 1.0
    X-CMAE-Envelope: MS4wfJJZVrDwlcOygIx8raOKqkPHBK+dAUih7IDeFfZp9Ci+g0pumYutGwg44nOSgDvK4uyjT1uW4OBulEUSRocXdgOvnBE723k6dBGoeAPHt1yxj/vQx6GP
     jQo8JgIY+vMcpoJgrQkjsgI1NIUHV4lGp02SXS8A9xSUHbpEGe5j+HM/LqIzzR4E7wIeOR7+kQqXzaUbksjUzYlHlMw13inInb0=
    X-Antivirus: Avast (VPS 190404-6, 04/04/2019), Inbound message
    X-Antivirus-Status: Clean
    
    --=_270b824e729a969cc3660a3c5d13707a
    { the message body begins with this line immediately following the multipart boundary }
    
     

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