On Mon, 01 Aug 2005 13:37:34 -1000, Jason Coombs said:
> Technica Forensis wrote:
> >>CAUTION:
> >>Internet and e-mail communications are Kohl's property and Kohl's reserves
> >>the
> >>right to retrieve and read any message created, sent and received.
The crucial word -------^^^> > Kohl's reserves the right to read my email I send my mom just because > > it's on the Internet? > > > > maybe you should go reread the wiretap act. > > Wiretap Act doesn't apply to stored electronic communications. > > Kohl's owns all of those communications, whether stored temporarily in > RAM or stored persistently to a hard drive. Kohl's may indeed have some rights regarding *their* messages. However, their disclaimer (hopefully inadvertently) talks about "any" message, not just "any Kohl's message".... I've seen stupider disclaimers, but this one is right up there.. Of course, if I were an opposing attorney, this sticking of "may contain confidential information" on stuff posted to worldwide public mailing lists could be a gold mine - obviously the company has *not a clue* what mail actually has such info in it. If obviously public mail has a broken inapplicable disclaimer on it, maybe that other piece of mail I want to subpoena that has the same exact disclaimer on it isn't in fact privileged either....
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