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In our dealings with this in my environment - which
has just learned that sticks and stones do, in fact, exist - legal standings in
relation to Federal law is pretty much untested. In fact, any disclaimers
tied to specific sections of the Electronic Communications Acts, are most likely
great stretches of actual intent or full blown mis-reading by non-law types (of
which I profess to be a member of the law illiterate).
Though these disclaimers are attached in great thought and
number, it turns out, at least to this point - that it's likely more of an
attempt to AVOID problems should they arise. (Me, I tend to think that
these things started as an attempt for the Spammers to provide some 'legitimacy'
for the spewing forth of manure that they send..... Oh, that wasn't
intended for you. And, we covered ourselves with the disclaimer - just
delete it. It's all good.... Buh-bye. Bye now....
Buh-bye!)
Not to indicate that one should 'delete if you received
this in error'. As Al mentioned - how am *I* supposed to know I received
it in error? If it IS pertinent for you, is it FOR you? Does that
also mean that if joe is carrying on a conversation with someone on this list
that is clearly a conversation between joe and this other person, all of us are
now legally bound to delete the messages? As well, does Tony now have to
go into the Archives of the list and remove all of the non-intended
messages? Does this mean, too - that all list-servs are in violation of
one or more provisions of the act because these disclaimers are attached
automatically?
I don't think that this was the intent at all.
Actually, me being the ambulance chaser-hater that I am, I suspect it's all a
conspiracy.....crap. forgot to take my Meds this morning.
Regardless - our legal folks don't really find a basis in
this as of yet. It's not well defined, as much of that morass ECPA
delivered.....
-rtk From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Stockbrugger, Brian L. Sent: Monday, January 24, 2005 10:29 AM To: [email protected] Subject: RE: [ActiveDir] Legal Question Well I am no lawyer
either but the disclaimer was attached at the request (directive) of our legal
team. They also came up with the content of the message. I have not
been following the specifics behind it but I was told (legal term – hearsay)
that it was a direct result of some litigation and recent legislation here in
CA. Again I have no specifics but will do a little checking. It also
had something to do with showing due diligence since we are in public education
and a lot of correspondence with parents, colleagues, and the state/feds happen
via e-mail. Educators have been known to not be the most technical bunch
and are often sending email to the wrong person (not sure how the “intended
recipient” falls into that like Deji points out). However, the thought has
been that if the recipient is clearly not the intended recipient that they do
the right thing and delete the message instead of forwarding it on for some
other gain. There are a lot of people critical of public education that
would love to get information on a student’s IEP and show the “tax payer’s money
at work”. Other than that it is
just more overhead on our messaging environment as far as I am concerned causing
our help desk to receive more calls about this both from the sender (confused
because they never typed this in) or the recipient wondering if they should
“keep” the message or not. I do see more and more law firms and government
agencies that we deal with that attach these disclaimers which is why we started
doing it in the first place – monkey see, monkey
do. Brian From: joe
[mailto:[EMAIL PROTECTED] 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 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 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. 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. |
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