[Air-L] OK, I won't tell anyone, Jake

Dan L. Burk dburk at uci.edu
Sun Dec 25 04:20:54 PST 2011


The language Barry quotes is intended (and is generally effective) in
preventing inadvertent waiver of evidentiary privilege (e.g.,
attorney-client privilege, or work product) when e-mail is accidentally
sent to the wrong party, as sometimes happens.

The language actually originates in a different technology, facsimile
transmission, as faxes were also sometimes sent to the wrong party.

The proper user doesn't actually care what Barry does with the e-mail,
only what a judge may someday do with it.

Having said that, I have seen the language sometimes appear on e-mails for
no good reason I could fathom, apparently picked up by someone who had no
idea what it was there for (not unlike "all rights reserved.")

DLB

>
> I just think it's a misguided practice.  At times, it's almost amusing to
> have a 2-line email followed by 30 lines of legal-sounding tripe.   I
> agree with Jon that such antics are more of a mandated-from-on-high
> corporate CYA than intended to serve any actual (or enforceable) legal
> consequence.
>
> -- rick
>
> ** BY READING THIS EMAIL YOU HAVE AGREED TO EVERYTHING I JUST SAID AND
> RELINQUISH ANY RIGHT TO CHALLENGE OR QUESTION THE ABOVE REMARKS. **
>
>
> On Dec 24, 2011, at 02:53 AM, Jonathan Marshall wrote:
>
>>> "This email (and any attachment) is confidential and is intended for
>>> the
>>> use of the addressee(s) only. If you are not the intended recipient
>>> of this email, you must not copy, distribute, take any action in
>>> reliance
>>> on it or disclose it to anyone."
>>>
>>> What bureaucratism!
>>>
>>> Barry Wellman
>>
>> Like the compulsory sig file attached to this email, I would have said
>> its more likely to be Information capitalism in action.
>>
>> Everything is potentially secret, and nothing is the corporation's
>> responsbility/
>>
>> jon
>>
>>
>> UTS CRICOS Provider Code: 00099F
>> DISCLAIMER: This email message and any accompanying attachments may
>> contain confidential information.
>> If you are not the intended recipient, do not read, use, disseminate,
>> distribute or copy this message or
>> attachments. If you have received this message in error, please notify
>> the sender immediately and delete
>> this message. Any views expressed in this message are those of the
>> individual sender, except where the
>> sender expressly, and with authority, states them to be the views of the
>> University of Technology Sydney.
>> Before opening any attachments, please check them for viruses and
>> defects.
>>
>> Think. Green. Do.
>>
>> Please consider the environment before printing this email.
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>
>
>
> ---
> Just because i'm near the punchbowl doesn't mean I'm also drinking from
> it.
>
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>


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