[AusNOG] [off-topic] Email disclaimers - Email found in subject

[James Troy (PageUp/AU/VIC)]

I would say that ANY communication with a company could be used in court.

If facebook/twitter/MSN chat logs can be used I don't see the problem with emails being used. Without getting into the technical of email headers etc, the judges do not understand this and if it looks like an email then its generally admitted into evidence.

There is also case precedent to say that whilst the email is in in the companies network, on their hardware the company owns it. This could apply depending on which judge you get, but at the end of the day email is a valid legal medium and that's why new archiving features were added to exchange 2010 to help with compliance.

To play devils advocate however, with the advances of exchange 2010 where the sender can control the use (or misuse) of the email once it gets to its destination the responsibility of a email might rest back with the sender in a few years time. There would need to be case precedent for this to occur.

As Mark said, they are nothing more than a polite request. 

James Troy
System / Network administrator
P: +613 8677 3735
F: +613 9923 6112
W: www.pageuppeople.com
Level 10, 91 William Street
Melbourne VIC 3000 Australia
Retain  Recruit  Perform  Develop


 
 
 
 
 
 
 
 





-----Original Message-----
From: ausnog-bounces at lists.ausnog.net [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Kai
Sent: Friday, 5 November 2010 12:50 PM
To: ausnog
Subject: [AusNOG] [off-topic] Email disclaimers - Email found in subject

Hi guys and girls,

Sorry for off-topic post, been meaning to ask about it for a while but never got around to it.

Email disclaimers, you know those messages included in email footers that are often bigger than the actual email body and say something like:

IMPORTANT NOTICE-This email and any attachments may be confidential. If you are not the intended recipient, you should not disclose or use the information contained in it. If you have received this email in error, please notify us immediately by return email, and delete the email and its attachments. <insert name here> is not responsible for any changes made to a document other than those made by <insert name here>

How valid are they? would they be usable in court if need be?

Cheers
Kai
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