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I'd love to see case law - especially U.S. Federal. I know
some companies that use it to assert that certain communication is
privileged - even though the receiver may have never entered into such an
agreement. I discussed it with my lawyer in November of last year and received
the opinion that it hadn't been tested, at least in a Virginia court, and that
it could go either way. (Note: this was on a very specific disclaimer with very
specific language and my comment is about that disclaimer.)
I personally felt like my free speech rights were rather
trampled on by that opinion. From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Ben Schorr Sent: Saturday, January 22, 2005 5:04 PM To: [email protected] Subject: RE: [ActiveDir] Legal Question Disclaimer (up front) I am not a lawyer and this is not
legal advice, merely my educated opinion.
I think the disclaimer acts as little more than a
CYA. In case somebody who receives the message does something improper
with that information it lets the sender claim that they warned the recipient
(accidental or not) that the message was confidential and not to be used by
unauthorized persons. That, in theory, gets the sender off the
hook.
I don't think it really imposes any sanction for merely
reading the message on the recipient. Now if you were to receive the
message, then send a copy of it to the media -- having been warned that it's
confidential -- maybe you'd have a problem. Maybe.
I'm not aware of it being tested in court, but perhaps it
has been.
-Ben-
Ben M. Schorr, MCP, MVP, CNA Operations Coordinator Stockholm/KSG - Honolulu Phone: (808) 535-1500 Mobile: (808) 351-5084 http://www.scgab.com From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of joe Sent: Saturday, January 22, 2005 10:59 AM To: [email protected] Subject: [ActiveDir] Legal Question Does anyone know if the disclaimer like the one below are
actually legally binding on anyone? And if the answer is yes, has it ever really
been tested in court? You don't have to agree to anything to read the
email, you just look and by the point you see the disclaimer, it is too late,
you have picked up the information in the note. The fact that you
don't necessarily agree to it I think would mean you could forward it as you
wish unless you worked for the company who stuck the disclaimer on the note in
the first place. I think telling me I have to delete it if it doesn't pertain to
me is like telling me I have to close my ears and forget anything I hear if
a neighbor says something within my range and then says it can't be
disclosed.
joe
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
On Behalf Of Stockbrugger, Brian L.
Sent: Friday, January 21, 2005 3:45 PM To: [email protected] Subject: [ActiveDir] Creating user accounts, home folders and assigning permissions to user and groups I need to create about 3400 user
accounts, create home folders and assign the appropriate user and group
permissions to the home drives automagically. We are using Windows Server
2003 and AD with a single domain. I know how to create the user
accounts and home folders but not sure the best approach to assign the
permissions. Any suggestions on doing all three or at least the
permissions part. Thanks -
Brian CAPISTRANO UNIFIED SCHOOL DISTRICT DISCLAIMER: This communication and any documents, files, or previous e-mail messages attached to it constitute an electronic communication within the scope of the Electronic Communication Privacy Act, 18 USCA 2510. This communication may contain non-public, confidential, or legally privileged information intended for the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information is strictly prohibited under 18 USCA 2511 and any applicable laws. |
- RE: [ActiveDir] Legal Question Ben Schorr
- RE: [ActiveDir] Legal Quest... Robert N. Leali
- Re: [ActiveDir] Legal Quest... Michael B. Smith
- RE: [ActiveDir] Legal Quest... Mulnick, Al
- RE: [ActiveDir] Legal Quest... Stockbrugger, Brian L.
- RE: [ActiveDir] Legal Q... Rick Kingslan
- RE: [ActiveDir] Legal Quest... Mulnick, Al
- RE: [ActiveDir] Legal Quest... Stockbrugger, Brian L.
- RE: [ActiveDir] Legal Quest... Perdue David J Contr InDyne/Enterprise IT
- RE: [ActiveDir] Legal Quest... Mulnick, Al
- RE: [ActiveDir] Legal Quest... Stockbrugger, Brian L.
