I hope there is an answer, but this may end up in IMHO land.
I have a name as common as dirt, no even more common. I also work in a legal environment, trying not to give away too much.
So, all these really bright folks who get addressed as esquire think that once they know how we construct an e-mail address, they know how to address everyone in the organization. Even the ones that have names as common as dirt. Sadly they are wrong, and I get a lot of misdirected e-mail.
Much of this mail has a warning signatured across the bottom about how it’s “…intended only for the intended recipient, and if you are not the intended recipient you should contact the sender…” and continue on to “…criminal penalties.”
Then there is the stuff about avoiding taxes, but I just laugh at that.
So, here are the questions.
I know where the message is supposed to go, I just forward it. Is that wrong?
I used to contact the sender, but they always blamed me for their mistake, so I gave up. Is that wrong?
Anywhere else if you let some information slip that you meant to keep secret it’s your fault. Why is it my problem when these folks screw up?
How can they threaten me with criminal penalties for their wrong assumptions?
While I work in a legal environment, I don’t work closely with lawyers. And besides, Doper answers are so much more fun. The guy that has my name has never complained, and he is a lawyer. But asking because it’s nice to talk and see what real answers are.
I’m really the last person you should ask about securities violations. I just remember from the bar exam neither a tipper nor a tippee be. In other words, securities laws would penalize someone with insider knowledge who advises someone else to buy or sell certain stock (the tipper) and would penalize someone who takes insider knowledge and uses it to buy or sell stock.
Without researching the situation, I could see someone inadvertantly getting an email that discloses insider information, ignorning the warning, and using that information on the market. That would, in my uninformed opinion, subject a person to scrutiny pursuant to the securities laws.
This past September, the local high school faxed my office a page that included two students’ private information including birthdate and SS number. The “legal warning” was present at the bottom of the fax. I had contacted the school’s office several times over the years about their faxing me stuff, apparently someone had my fax number in their directory, yet couldn’t be bothered to remove it.
I saw this as a way to ensure I would not get more faxes from the school. I faxed back the sheet that I had received along with a note saying that if I were less than honest, I could probably make use of the information. I also told the school that I was snail mailing a copy of everything to the parents of the students. And I did just that.
Ther have been several threads on this in the past. A search for something like “confidential” might pull them up.
My understanding is that 1) some of us are obligated to put such statements on our correspondence because otherwise we’re not acting ethically or legally; and 2) the dire warning serves as notice to the recipient that the information in the memo has specified purposes and that if s/he uses them for other purposes (e.g., posting in the staff lounge, blackmailing the intended recipient) there may be legal consequences.
I’m going to go out on a limb and say “Yes, it is in violation of the letter of the signature and therefore not something you should be doing.” How am I wrong? (Legally, not socially. Plenty of social norms (taping TV shows and not erasing them very soon after, jaywalking in an empty street) are illegal.)
You don’t mind if I ignore your assement do you? I can tape and hold any broadcasts I like. I just can’t distribute them. So, your standing in this court as an expert witness is lacking.
The whole reason I asked this was to determine if that signature had any binding legal ramifications. The “letter of the signature” means nothing if it has no legal standing.
I thought that strictly speaking, VCR’s are meant to be used only for time-shifting, i.e. recording a show that airs at an inconvenient time so you can watch it at a later date, not to keep a personal copy for yourself in perpetuity.
Emphasis added. Watching it once is OK, but keeping it beyond that single viewing is copyright infringement. Doesn’t matter what everyone else is doing, any more than if everyone else were jumping off a cliff.
IANAL but I would gently suggest that adding anything at the bottom of an email does not necessarily change the ethical or legal obligations of an accidental recipient, any more than would a shopkeeper putting up a sign that says, “Not responsible for injury occurring as a result of my ridiculously gross negligence”. Misusing information that is legally privileged will get you in hot water without a notice in the email. OTOH you can’t be held responsible for simply receiving it.
I suppose there are old precedents for this sort of issue since it’s not strictly a technology issue. Misdelivered mail is nothing new.
