Re: Re: [issa-international] Re: Confidentiality statement on email

["Bernie, CTA" <cta () hcsin net>]

On 16 Apr 2003, at 19:38, yossarian wrote:

> It depends on the country you are operating in, so you can't rely
> on it too much. Dutch jurisprudence says an e-mail has the same
> status as a postcard - you cannot blame the postman if he reads
> it. Especially since there are plenty of technical means
> available to secure it.
>
> Anyway, why didn't you sue the other party for illegal possession
> of your e-mail? How did they get it? If you have a
> policystatement, include that forwarding is not allowed, then
> there is money in it. Somewhere.
>
> yossarian
bhh>>>
I do agree the laws may apply differently in other Country. As 
for the source of this email, the opposing side obtained it 
through a discovery subpoena - requesting any and all 
communications including paper documents, emails, or 
computer files, originating from me regarding XYZ (XYZ being 
a product). Although a protection order could have been 
obtained to quash the discovery subpoena or certain elements 
of it, we believed that strategically it would be more effective to 
stop them from using certain information (such as the stated 
Email) at the Trial, to better limit their ability to establish plan B. 

We could not make the claim that their possession of the Email 
document/file was illegal, as they obtained through legal 
discovery. We also could not sue, as they did not actually use 
the Email document illegally, or disseminate its contents.
bhh<<<
Bernie CTA


> ----- Original Message -----
> From: "Bernie, CTA" <cta () hcsin net>
> To: "Ken Burns" <KCB () KCBurns com>;
> <issa-international () yahoogroups com> Cc:
> <full-disclosure () lists netsys com> Sent: Wednesday, April 16,
> 2003 3:35 PM Subject: [Full-disclosure] Re: [issa-international]
> Re: Confidentiality statement on email
>
>
> > On 15 Apr 2003, at 20:41, Ken Burns wrote:
> >
> > > What is the point in using these confidentiality statements?
> > >
> > > My issues with them are that they are regularly posted to
> > > mail lists like this one, and are often posted on the emails
> > > that advise you pass this on to at least X# aditional people
> > > or you will have interminable bad luck.  The point bieing
> > > that they are regularly disseminated on emails that are
> > > intended for public distribution.
> > >
> > > They are also regularly found on other joke & junk emails
> > > that have nothing to do with any corporate business.
> > >
> > > Additionally, they are placed at the bottom of the message,
> > > where they are least likely to get read.  Honestly folks,
> > > when was the last time you read one of these on an e-mail you
> > > received?
> > >
> > > Has anybody  ever seen one of these confidentiality
> > > statements make one iota of difference (other than to jusify
> > > a lawyers existence [and billability] for the day he/she
> > > composed it)?
> > >
> > > I would seriously like to know if they have any redeeming
> > > value.
> >
> > Bernie CTA>>>
> > I can tell you first hand that a privacy statement on the
> > bottom of an email has significance from a legal evidence
> > standpoint. My former company and I were involved in a US civil
> > lawsuit where the opposing side attempted to introduce an email
> > as evidence.  This email had our standard
> > privacy/confidentially disclosure at the end and was sent from
> > me to another party who was not connected with the lawsuit. Our
> > attorney objected to the use of the email arguing that it was a
> > private and possibly privileged communication, and that release
> > of its contents could violate the privacy rights of the
> > receiving party.
> >
> > By the way, there was also a discussion as to the authenticity
> > and validity of the privacy / confidentiality statement. The
> > court wanted to know if our company had mandated the use of
> > such statements in its policies for private communications, if
> > it was recommended and reviewed by our attorneys, and if we
> > used the Privacy Statement on all email. The answer was yes to
> > the first two questions, and no to the last, as we only used
> > the Privacy Statement on email that we believed to be private
> > and confidential. Apparently, these questions were directed to
> > establish the bases for good faith effort by our company to
> > establish, implement and maintain a privacy policy and
> > mechanism that we believed protected the content of any email
> > sent with such a privacy statement.
> >
> > The opposing side rebutted claiming that the email was sent via
> > the Internet (a public network), and therefore it and its
> > contents were not private. The court disagreed stating that
> > while the communications medium was public the contents of the
> > email were not, as the sender intended it to be released only
> > to the named recipient.
> >
> > Since the recipient was not a party to the lawsuit and did not
> > release/wave its privacy rights the Judge ruled that the
> > email's contents including its subject were intended to be
> > private, to a disinterested party and therefore inadmissible.
> >
> > My sage advice is:
> >
> > a) Establish a written Privacy Policy identifying the use of
> > email privacy statements,
> >
> > b) Prepare an Email Privacy Statement and have an attorney
> > review and provide a letter of recommendation for its use.
> >
> > c) Implement the Privacy Statement and practices to include it
> > on all email that you consider private and or confidential
> > between you and the recipient(s).
> >
> > bhh<<<
-

> > Bernie, CTA
-
****************************************************
Bernie 
Chief Technology Architect
Chief Security Officer
cta () hcsin net
Euclidean Systems, Inc.
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//    to avoid the pure labor of honest thinking."   
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