I have never understood how posting the "warning" at the bottom of the email after you have already given up the "protected" information could possibly be considered enforceable. I thought most NDA's required willing acceptance by both parties before it could be considered valid, a message at the bottom of the email that I have not agreed to should not be considered a valid contract. That is kind of like putting the software license agreement inside the box and the only way to get to the agreement is to open the shrink wrap, but opening the shrink wrap is your acceptance of the agreement. If you put the "warning" at the top of the email before what you are trying to protect I *might* be more likely to believe it could be enforced. Michael ---------------------------------------------------------------------- Michael J. Hartwick, VE3SLQ hartwick@hartwick.com Hartwick Communications Consulting (519) 396-7719 Kincardine, ON, CA http://www.hartwick.com ----------------------------------------------------------------------
-----Original Message----- From: Martin Hannigan [mailto:martin@theicelandguy.com] Sent: Saturday, January 09, 2010 18:28 To: Valdis.Kletnieks@vt.edu; Brian Johnson; nanog@nanog.org Subject: Re: he.net down/slow?
Some NDA's require that you must state your intent for each communication that should be covered by the NDA. As much as everyone would like to believe these are wothless, they are not. Applying them globally to your email protects your legal rights. It is also innocous.
Don't them it if you don't want to or perhaps a filter on keywords?
Best,
-M<
On 1/7/10, Valdis.Kletnieks@vt.edu <Valdis.Kletnieks@vt.edu> wrote:
On Thu, 07 Jan 2010 13:51:41 CST, Brian Johnson said:
On 7 Jan 2010, at 18:18, William Pitcock wrote:
...why would you have that on a mailing list post? because the mail server that adds it is too dumb to differentiate between list and direct mail?
Bingo! ;)
That sort of gratuitous "add it to everything because our software is too stupid to sort it out" is *this* close to what the legal eagles call "overwarning". Just sayin'.
(Basically, your site and everybody else's site sticks it on everything, all the recipients just ignore it the same way we almost always ignore Received: headers because they're on every message and very rarely have any useful content - with the end result that if you stick it on a message that *matters*, it will still get ignored....)
Oh, and is your company ready to indemnify my employer for the costs of "destroy all copies of the original message" sufficiently thoroughly to prevent recovery by a competent forensics expert? This may include, but not be limited to, the main mail store for 70,000 people, backup tapes, and other mail systems where the data may have been logically deleted but as yet not overwritten. Just sayin'. ;)
-- Martin Hannigan martin@theicelandguy.com p: +16178216079 Power, Network, and Costs Consulting for Iceland Datacenters and Occupants