It is impossible to know with any confidence without knowing more details, but from the face of it, it is far from obvious to me that Mark Foster's lawyer got this wrong.
(Meanwhile, this will make a great exam question some day.)
I agree, except it wasn't my Laywer. You mean Matthew Kaufman. Note the number of quotede layers. I made the mistake of removing the quote-intro-line when I posted, apologies.
On Wed, 31 Jan 2007, Chris Owen wrote:
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On Jan 31, 2007, at 9:16 PM, Mark Foster wrote:
list... I talked to my lawyer. And while I am not a lawyer, I can tell you that my lawyer pointed out several interesting legal theories under which I could have some serious liability, and so I don't do that any more. (As an example, consider what happens *to you* if a hospital stops getting emailed results back from their outside laboratory service because their "email firewall" is checking your server, and someone dies as a result of the delay)
So while I think you'd be justified in doing it, I think you'd find that 1) lots of people wouldn't change their configs at all, and 2) you might find that your liability insurance doesn't cover deliberate acts.
Uhm. I don't follow?
I my experience, people who tell stories like this really just need to get a better lawyer. I've had several lawyers contact us on things about this lame and have found that that the one sentence reply letter is often the most effective:
Dear Sir:
Kiss my what?
Never hear from them again.
Chris
*snip*