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Question
In a civil action for breach of a cloud-hosting services agreement, the plaintiff seeks to admit into evidence an electronic Service Level Agreement stored in the vendor’s signing portal. The SLA bears an electronic signature created by the vendor’s Chief Information Officer using his private key and a CA-issued digital certificate. The CIO denies signing. The plaintiff offers: (i) the CA-issued digital certificate, (ii) a trusted time-stamp attached to the signature, (iii) server logs showing the CIO’s login from the vendor’s network during the signing window, (iv) a cryptographic hash chain documenting the document’s integrity at signing, and (v) an internal audit trail within the signing platform showing the signing sequence and approvals. The defense objects on authenticity. Complicating factor: the CA certificate used to validate the signature was revoked two days after signing due to a suspected compromise of the private key used for signing; the vendor contends that an unauthorized actor may have used the private key.