full-disclosure - Re: Email Disclaimers...Legally Liable if breached?

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Message-ID: <20071010235051.GK85001@stow.eclipsed.net>
Date: Wed, 10 Oct 2007 19:50:51 -0400
From: gabriel rosenkoetter <gr@...ipsed.net>
To: full-disclosure@...ts.grok.org.uk
Subject: Re: Email Disclaimers...Legally Liable if
	breached?

At 2007-10-11 08:52 +1000, Kelly Robinson <caliana1989@...il.com> wrote:
> It is common these days for email messages to contain a disclosure notice,
> which may include statements such as:

You forgot the most absurd: "the content of this message [sent often,
on purpose, to publicly visible and archived mailing lists] is
intended 'only for the adressee'".

>  Do these notices carry any *legal* force?  Why or Why not?

I am not a lawyer, but my understanding is the same as
Geoff's (gjgowey@....blackberry.net): because the warning, such as
it is, appears after the recipient has already read the content
with no way (and not even tacking it on the top would really be
enough, I don't think) for the recipient to opt-out and simply not
read that content.

They should be contrasted with warnings of potential legal
culpability if a connecting user continues to use a system in
/etc/issue or similar: those are a Good Idea, and help one's case
against attackers, because they go a long way to nullify "I didn't
know it wasn't okay" sorts of defenses.

-- 
gabriel rosenkoetter
gr@...ipsed.net

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