Authentication

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Authentication

The confirmation rendered by an officer of a court that a certified copy of a judgment is what it purports to be, an accurate duplicate of the original judgment. In the law of evidence, the act of establishing a statute, record, or other document, or a certified copy of such an instrument as genuine and official so that it can be used in a lawsuit to prove an issue in dispute.

Self-authentication of particular categories of documents is provided by federal and state rules of evidence. A deed or conveyance that has been acknowledged by its signers before a Notary Public, a certified copy of a public record, or an official publication of the government are examples of self-authenticating documents.

See: acknowledgment, affirmation, approval, attestation, avowal, certificate, confirmation, consent, corroboration, deed, documentation, guaranty, jurat, stamp, subscription, support, warrant

AUTHENTICATION, practice. An attestation made by a proper officer, by which he certifies that a record is in due form of law, and that the person who certifies it is the officer appointed by law to do so.
     2. The Constitution of the U. S., art. 4, s. 1, declares, "Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. And congress may by general laws prescribe the manner in which such acts,, records and proceedings shall be proved, and the effect thereof." The object of the authentication is to supply all other proof of the record. The laws of the United States have provided a mode of authentication of public records and office papers; these acts are here transcribed.
     3. By the Act of May 26, 1790, it is provided, "That the act of the legislatures of the several states shall be authenticated by having the seal of their respective states affixed thereto: That the records and judicial proceedings of the courts of any state shall be proved or admitted, in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them, in every court within the United States, as they have, by law or usage, in the courts of the state from whence the said records are, or shall be taken."
     4. The above act having provided only for one species of record, it was necessary to pass the Act of March 27, 1804, to provide for other cases. By this act it is enacted, Sec. 1. "That, from and after the passage of this act, all records and exemplifications of office books, which are or may be kept in any public office of any state, not appertaining to a court, shall be proved or admitted in any other court or office in any other state, by the attestation of the keeper of the said records or books, and the seal of his office thereto annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county or district, as the case may be, in which such office is or may be kept or of the governor, the secretary of state, the chancellor or the keeper of the great seal of the state, that the said attestation is in due form, and by the proper officer and the said certificate, if given by the presiding justice of a court, shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or if the said certificate be given by the; governor, the secretary of state, the chancellor or keeper of the great seal, it shall be under the great seal of the state in which the said certificate is made. And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken."
     5.-2. That all the provisions of this act, and the act to which this is, a supplement, shall apply, as well to the public acts, records, office books, judicial proceedings, courts, and offices of the respective territories of the United States, and countries subject to the jurisdiction of the United States, as to the public acts, records, office books, judicial proceedings, courts and offices of the several states."
     6. The Act of May 8, 1792, s. 12, provides: That all the records and proceedings of the court of appeals, heretofore appointed, previous to the adoption of the present constitution, shall be deposited in the office of the clerk of the supreme court of the United States, who is hereby authorized and directed to give copies of all such records and proceedings, to any person requiring and paying for the same, in like manner as copies of the records and other proceedings of the said court are by law directed to be given; which copies shall have like faith and credit as all other proceedings of the said court."
     7. By authentication is also understood whatever act is done either by the party or some other person with a view of causing an instrument to be known and identified as for example, the acknowledgment of a deed by the grantor; the attesting a deed by witnesses. 2 Benth. on Ev. 449.

References in periodicals archive ?
Many e-mail security vendors have already implemented some form of e-mail authentication, and many others are looking at doing so.
The application of the OSP will promote further industry interoperability by making the e-mail authentication framework more clearly available to the entire Internet ecosystem, including customers, partners, Internet service providers, registrars and the developer community, no matter what model they use -- commercial, open source or academic.
Companies of all sizes are realizing the significant business value of e-mail authentication and reputation services to improve e-mail deliverability and help protect their brand identities," said Craig Spiezle, director of the Technology Care and Safety Group at Microsoft.
This industry-defining summit will provide detailed technical information to help counter spam, phishing and e-mail fraud through the implementation of e-mail authentication solutions.
E-mail Authentication Implementation Summit 2005 will highlight IP-based verification methods, such as the Sender ID Framework (SIDF) and Sender Policy Framework (SPF), and complementary signature-based approaches such as Yahoo
This research verifies that Sender ID has overtaken SPF in enterprise adoption and is providing a more meaningful indication of the impact that e-mail authentication can have.
Testing DomainKeys and other e-mail authentication protocols is the latest example of EarthLink using technical solutions, legal enforcement and consumer education to fight spam and phishing.
users, and an extension to its DomainKeys e-mail authentication technology to increase consumer protection from spam, e-mail forgery, and phishing scams.
Habeas has been in the business of providing email identity and accreditation services to senders of legitimate email for several years, so we can offer a real-world perspective at the FTC E-Mail Authentication Summit," said Habeas CEO Cahill.
Additionally, as the most active messaging security company in the e-mail authentication movement, CipherTrust updated its research on the adoption of the Sender ID Framework (SPF), reporting a 75 percent increase in corporate adoption of the protocol in three months.
Less than two weeks after the Federal Trade Commission's (FTC) e-mail authentication summit, The DMA/AIM Webinar will update legitimate marketers on the latest developments in the fight against spam, and educate them about compliance with Sender ID, SPF, and other anti-spam technologies on the horizon such as signature-based (cryptographic) solutions.
Finally, using this approach, anti-spam filters cannot glean intelligence from the SMTP transaction -- a critical data point for many detection techniques, including traffic-shaping technologies, sender reputation services, and e-mail authentication protocols.