And another thing, If the disclaimer comes at the end of the message, what is the legal point? The person has already gotten through all the confidential stuff they aren't supposed to look at in the first place...
-----Original Message----- From: Dupler, Craig [mailto:[EMAIL PROTECTED]] Sent: Thursday, June 06, 2002 5:08 PM To: Exchange Discussions Subject: RE: stupid disclaimers Do you think her data was right? I tend to think that the law of bailments applies to all e-mail and probably trumps other legal arguments. I don't think you can become a bailee by force of someone else's actions. I am not aware of this case having been made in court yet, but it is sitting there waiting for the first lawyer that needs it to grab it and go. Also, disclaimers can be used against the one doing the disclaiming, as they might in some circumstances provide prima fascia evidence that the person doing the disclaiming was perfectly aware of the risks being assumed, and is thus in no position to claim an exemption from responsibility. Let's say I send you a note that is in effect an invitation to join a pyramid scheme. Then at the bottom I add a disclaimer that says the invitation is void if it is legally found to be a pyramid scheme. Can I play dumb or somehow exempt because of my disclaimer? I don't think so. In fact, I think the disclaimer is tantamount to a confession. -----Original Message----- From: Slinger, Gary [mailto:[EMAIL PROTECTED]] Sent: Thursday, June 06, 2002 1:37 PM To: Exchange Discussions Subject: RE: stupid disclaimers Not casting aspersions, and it may already be known to the list, but Elizabeth should probably have disclaimered (sorry <g>) her message with a comment about Clearswift's involvement with MIMEsweeper. Gary -----Original Message----- From: Elizabeth Farrell [mailto:[EMAIL PROTECTED]] Sent: Thursday, June 06, 2002 16:41 To: Exchange Discussions Subject: RE: stupid disclaimers http://www.emaildisclaimers.com/ "There are several reasons why you might decide to add disclaimers to your e-mails. The reasons can be categorized into two groups: legal and marketing reasons. 1. Legal reasons If you were to be so unlucky to be sued for the contents of an e-mail, it is not certain whether an email disclaimer will protect you from liability in a court of law. However, it will certainly help your case and in some situations might exempt you from liability. More importantly, it may well prevent the actual occurrence of lawsuits against your company since the mere presence of the statement might deter most persons from seeking legal compensation from your company. Therefore the use of disclaimers is always recommended. There are 6 legal threats that disclaimers can help protect against: Breach of confidentiality: By including a disclaimer that warns that the content of the e-mail is confidential, you can protect your company against the exposure of confidential information. If the receiver breaches this confidentiality, they could be liable. Accidental breach of confidentiality: If an employee were to receive a confidential mail from someone and by accident forward it to the wrong person, the employee, and therefore the company, could be liable. This can easily happen. For instance a wrongly addressed e-mail can be forwarded to a postmaster, who might not be authorized to read the mail. Furthermore, e-mail can easily be intercepted. If you include a statement at the end of your mail that the message is only intended for the addressee, and that if anyone receives the e-mail by mistake they are bound to confidentiality, this could protect you. ........ etc. etc." -----Original Message----- From: Chinnery Paul [mailto:[EMAIL PROTECTED]] Subject: RE: stupid disclaimers I'm still fighting the battle of "we don't need no stinkin' disclaimers." So far, I've won. BTW, has anybody ever heard if those disclaimers actually hold up in court? Paul Chinnery Network Administrator Mem Med Ctr -----Original Message----- From: Woodruff, Michael [mailto:[EMAIL PROTECTED]] Subject: RE: stupid disclaimers Alright, alright. There. Fortunately Mailsweeper allows you to bypass by adding personalmail in the body somewhere. Are you happy? -----Original Message----- From: Mellott, Bill [mailto:[EMAIL PROTECTED]] Subject: RE: stupid disclaimers if it's a litmus test -----Original Message----- From: Erik Sojka [mailto:[EMAIL PROTECTED]] Subject: RE: stupid disclaimers Does printing the message out and pissing on the paper constitute "action"? > -----Original Message----- > From: East, Bill [mailto:[EMAIL PROTECTED]] > Subject: RE: stupid disclaimers > > > I'm taking action on your message. I'm taking action on it right now. > Nyah nyah nyah nyah nyah. > > Tell your lawyers to get their $49.95 back from "J.D.'s 'R' Us." > > -- > be - MOS > > Noone ever built a statue to a critic. > > > > -----Original Message----- > > From: Woodruff, Michael [mailto:[EMAIL PROTECTED]] > > Subject: RE: stupid disclaimers > > > > > > Do think this was my design? Our lawyers think we need > this. Like it > > actually performs some kind of function. > > > > -----Original Message----- > > From: Chris Scharff [mailto:[EMAIL PROTECTED]] > > Subject: stupid disclaimers > > > > > > I think I might just start blocking messages with moronic > > disclaimers before they even get to my system. I feel dumber just > > for having read the disclaimer below. > > > > > This message (including any attachments) contains confidential > > > information intended for a specific individual and purpose, and is > > > protected by law. If you are not the intended recipient, you > > > should delete this message. Any disclosure, copying, or > > > distribution of this message, or the taking of any action based on > > > it, is strictly prohibited. ----------------------------------------------------------------------- Clearswift monitors, controls and protects all its messaging traffic in compliance with its corporate email policy using Clearswift products. Find out more about Clearswift, its solutions and services at http://www.clearswift.com **************************************************************************** **************************** This communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action in reliance on it. Unless expressly stated, opinions in this message are those of the individual sender and not of Clearswift. If you have received this communication in error, please notify Clearswift by emailing [EMAIL PROTECTED] quoting the sender and delete the message and any attached documents. 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