It will be interesting the first time this gets tested in a court of law...
It will very much depend on how the message was sent in the first place. Sending to a single individual will favor the plaintiff, but sending to a list of some sort? Advantage should go to the defendant who I'm guessing will use the "If you put trade secrets on a post card, you can't reasonably expect them to be secure" line of defense... :) -ASB FAST, CHEAP, SECURE: Pick Any TWO http://www.ultratech-llc.com/KB/ On Sat, 22 Jan 2005 19:55:21 -0500, Michael B. Smith <[EMAIL PROTECTED]> wrote: > 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 > List info : http://www.activedir.org/List.aspx List FAQ : http://www.activedir.org/ListFAQ.aspx List archive: http://www.mail-archive.com/activedir%40mail.activedir.org/
