I would have to concur with evil Deji twin here.  

If you send clear text into the ether (or into the token if on tokenring
snicker), the intended recipient is anyone who sees it. It would be like
shouting at a crowded public beach and the only one allowed to listen is the
person you are looking at and getting mad because someone else heard it. 

The whole networking thing is based on the old school trick, pass it on. You
write your note, you fold it up and put a name on the top, then give it to
the person in front of you and tell them to pass it forward to the
addressee. Anyone can open that and look at the contents and ascertain and
distribute the message along the way. That is your fault due to using that
delivery mechanism without any other compensating controls such as writing
in piglatin or ferretlatin or at the very least sealing it in a real seal
envelope. Writing "you suck if you read this and you aren't the person I
wanted to read this" on the bottom of the note doesn't help a lot.


  joe




-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Mulnick, Al
Sent: Thursday, February 03, 2005 3:22 PM
To: [email protected]
Subject: RE: [ActiveDir] Legal Question

Interesting.  I think the website makes some leaps in areas.  For example,
saying that a postmaster is not the intended recipient is technically
inaccurate IMHO. It's a standard best practice (documented in the RFC's)
that you should include a postmaster, abuse, etc alias for your domain name.
It's also a defacto standard that when all else fails or in the event of
failure, send a copy to the postmaster.  That applies with messages sent
from your domain (even if faked) to another.  In that case, as an authorized
user (postmaster) I am entitled to see the message and it's contents.  Does
that mean I am the intended recipient?  I would argue yes in this case.  

About the only useful information on that site was the part about an email
policy.  I can understand your legal beagles' concept of putting the
disclaimer on the message to prohibit misuse by network sniffing people, but
I would argue to them about the appropriate use of technology.  Something
about how they weren't really trying to protect anything if they sent it
plain text through Joe-the-isp's garage.  Any network technician with a
problem they're trying to fix would have access and would be the intended
recipient in that case.  

Encryption is the answer to that in my opinion.  If you only want the
intended recipient to have access to the contents, then you should take
appropriate and reasonable measures to ensure that the person reading the
contents is the intended recipient.  That technology exists and is
"reasonable" (although I'm sure there's some dissenting opinions).

Should be fun to watch one of these cases come to court though.  

-ajm

P.S. I'm the evil twin.  Deji's the good one. :)

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Stockbrugger, Brian
L.
Sent: Thursday, February 03, 2005 3:07 PM
To: [email protected]
Subject: RE: [ActiveDir] Legal Question

So I did hear a new legal spin on this today from our attorney's. There take
on disclaimers from a legal perspective is that if you are the intended
recipient such that it was sent to you by the sender whether this was a
mistake or not, there is no legal ground to stand on.  They do feel the
disclaimer shows some due diligence in the case of sending to the wrong
person but no legal foundation.

However, the disclaimer is potentially helpful in the event that e-mail is
hijacked or "sniffed" by someone who is not the intended recipient.  We were
advised by our attorney's to include disclaimers given the fact that a lot
of correspondence is sent across the Internet with confidential or
potentially damaging information if it got in the wrong hands.  Has this
been tested in court - I have no idea.  So this has us discussing encrypting
all email now.

I did find an interesting albeit useless site on disclaimers.
www.emaildisclaimers.com

Brian

-----Original Message-----
From: joe [mailto:[EMAIL PROTECTED]
Sent: Thursday, February 03, 2005 11:18 AM
To: [email protected]
Subject: RE: [ActiveDir] Legal Question

You aren't twins? Could have fooled me. The first time I saw you I walked up
and said "Hi Deji" and didn't have a clue and I knew Deji back when he could
barely spell NT (could thing they renamed it!!!). 

Seriously though, thanks for all of the responses. There was no specific
reason I needed it. I was just curious because of all the work put into
stamping those things on the messages and it is so, seemingly to me,
obviously impossible to really do anything about it if the message is indeed
sent to someone who uses it badly. Personally, I do not feel bound one iota
by any disclaimer at the bottom of a message that I didn't get to until I
read the rest of the content. I wasn't asked if I agree to the terms. I
would think for this to be truly binding, you would have to agree to the
disclaimer prior to being able to see the content in any way shape or form
which implies some form of message encryption and an intelligent mechanism
for asserting the agreement. 

To put it another way, if I am walking down the street and I walk through a
wide open door of a building and see all sorts of interesting things and as
I leave someone comes up to me and says, btw, everything you saw in there
you are bound to not disclose I would laugh my fool head off at them.

Anyway, it amazes me how much time and effort and wasted disk space is
dedicated to these things, especially if there is no real proof they will
actually help with anything. The one place I can see them kind of having any
kind of influence is by people within the same company who already have
agreements to not disclose corporate information and this is just a reminder
that you shouldn't be thinking this isn't something exempt from that
agreement. 

  joe

 

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Mulnick, Al
Sent: Monday, January 24, 2005 12:27 PM
To: [email protected]
Subject: RE: [ActiveDir] Legal Question

You'd be surprised how similar alike we are.  In fact, in public, most would
think we're twins except that he hasn't received his cafeteria MVP award yet
;)

<seriously> Either way, I am interested to hear what you get back from the
legal-beagles.  </seriously>

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Stockbrugger, Brian
L.
Sent: Monday, January 24, 2005 12:13 PM
To: [email protected]
Subject: RE: [ActiveDir] Legal Question

Sorry I mistyped and meant you (Al) and not Deji - my bad.  I finished
reading one of his posts before I sent this out and had his name on my mind.
I think those educators are rubbing off on me.

Brian
-----Original Message-----
From: Mulnick, Al [mailto:[EMAIL PROTECTED]
Sent: Monday, January 24, 2005 8:45 AM
To: [email protected]
Subject: RE: [ActiveDir] Legal Question

I missed Deji's post but I'd be interested to hear the legal team's response
to the intended recipient issue if you could post that back.  More of a
curiuosity issue, but I'm insanely curious about things ;)

Al 

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Stockbrugger, Brian
L.
Sent: Monday, January 24, 2005 11:29 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]
Sent: Saturday, January 22, 2005 12:59 PM
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

 

 

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