Who has the burden of proving the authenticity of an electronic data message or electronic document in any legal proceeding?

• A. The person who sent the electronic data message.
• B. The person who signed the electronic document.
• C. The person denying the authenticity of said electronic data message or electronic document.
• D. The person seeking to introduce said electronic data message or electronic document.

Answer: (D)

Authenticity of an electronic data message or electronic document must be proven by the party who wants to admit it into evidence. The proponent has to show that the item is what it purports to be—that it originated from the claimed sender and has not been altered since it was created or transmitted. To satisfy this, they can present authentication evidence such as a valid digital signature, a trusted certificate, time stamps, system or access logs, metadata, or other records that establish origin, integrity, and chain of custody. If the authenticity is challenged, the proponent is the one who bears the burden to produce enough proof to overcome the challenge; the person denying authenticity would respond to that evidence rather than bear the initial burden. The other roles described—such as the sender, the signer, or the person who disputes authenticity—do not automatically carry the duty to prove authenticity in every case; their involvement may provide supporting proof, but the requirement to establish authenticity lies with the party seeking to introduce the document.