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Network Security Focus-Microsoft
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RE: MS Exchange

Subject: RE: MS Exchange
Date: Fri, 28 Jul 2006 13:01:42 -0700
At Friday, July 28, 2006 10:37 AM, Jeffrey Wei wrote:

Can someone explain to me how a disclaimer at the bottom of an email
can do anything, legally?  Was there a case study where the disclaimer
worked in the court of law???

Let's take a lawyer communication for example.  We all know that there
is privilege communication for lawyers and I fail to see how putting a
disclaimer or some stupid legal blurb at the end of an email would
stop the third party from disseminating information that he/she
accidentally intercepts?

The theory isn't that it prevents interception and dissemination so much
as it shields the company from liability because they can now argue
whoever did so was fully informed -- no "but I didn't know I wasn't
supposed to" defense or possibility of turning it back around on the
company.

Sadly, given the way American jurisprudence has gone in the last three
decades, I'm sure the lawyers who advise this course of action are
probably doing so for solid reasons.

-- 
Devin L. Ganger                    Email: deving@3sharp.com
3Sharp LLC                         Phone: 425.882.1032
15311 NE 90th Street                Cell: 425.239.2575
Redmond, WA  98052                   Fax: 425.702.8455
(e)Mail Insecurity: http://blogs.3sharp.com/blog/deving/

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