In <01BB9A71.840199E0@pm3x3.dialip.mo.net>, on 09/04/96 at 02:57 PM,
Information Systems <husch@mo.net> said:
> Our firm is in the process of providing Internet e-mail access to
>attorneys. As part of this process, we are developing a policy on the
>kinds of information/documents which can be sent to others via Internet
>E-mail. We would appreciate any help you can give us in developing this
>policy.
>
>Thanks in advance.
Oh dear. I have seen spirited ( and if not flame wars at least hot embers
wars) on four legal listserves now about this question as it relates to
confidentiality.
The core of the dispute is whether or not an email sent in plain text
surrenders lawyer-client confidentiality.
My understanding of the two positions:
1. Plain text email can be read by someone any of the routing points along
its route. In this situtaion there is no reasonable expectation of
confidentiality. -- versus---
2. It is a federal crime for a computer communications provider (which
would include all the routing points) to reveal the contents of any
communication to anyone other than its intended recipient (save for a few
statutory exceptions for legal process, repairs, etc.). This is an
adequate guarantee of confidentiality.
I tend to side with the second viewpoint, in part because some of the
pronents of the first impress me as motivated by fear of change (a little
like the early requirements for a man with a red flag to walk in front of
a "dangerous" locomotive).
The clincher to me is to read the agreement on the address slip for UPS or
FedEx both of which give the carrier an umlimited right to examine the
contents of the envelope. I think most lawyers regard those means of
communication as confidential. yet they appear less well protected
klegally than email.
But it certainly is a "hot" topic and one that would have to be considered
in a policy.
In the long run, I have litle question but that the utility of email will
force it to be regarded as confidential.
2.
Regards,
John Lederer
Oregon, Wisconsin
(Using Merlin--and liking it)
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