On 1/2/08, David Lum <[EMAIL PROTECTED]> wrote:
> Flamed? Damn…I see no reason for flames as I understand the need for such
> disclaimers, I'm just glad I don't have to do that….yet. If I had to do a
> CMA disclaimer I'd just have a link that points to one. Takes Internet to
> get e-mail, takes Internet to read the disclaimer…in effect it takes HTTP +
> e-mail to make anything said in the e-mail "legitimate". Hey, that's not
> much worse than some of the EULA's we see, right?
>
> Lawyers will likely disagree, but hey, I'm allowed to like my own theory
> right?

Not worth a flame, but that disclaimer is certainly not worth including, either.

No lawyer worth his salt will defend such a thing in court, because
it's basically worthless. Not only is it a footer, which means you
only get to see it *after* you've read the message, you can't enforce
it after it's arrived in someone's inbox by mistake.

Kurt
<snip>

> CONFIDENTIALITY STATEMENT: The information transmitted, or contained or
> attached to or with this Notice is intended only for the person or entity to
> which it is addressed and may contain Protected Health Information (PHI),
> confidential and/or privileged material. Any review, transmission,
> dissemination, or other use of, and taking any action in reliance upon this
> information by persons or entities other than the intended recipient without
> the express written consent of the sender are prohibited. This information
> may be protected by the Health Insurance Portability and Accountability Act
> of 1996 (HIPAA), and other Federal and Florida laws. Improper or
> unauthorized use or disclosure of this information could result in civil
> and/or criminal penalties.

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