RE: Re: [cni] Re: Silly Confidentiality Notices

> And it is illegal to do so in most circumstances.
> Hence, there are sufficient protections.

That is not so clear. The ECPA has a long list of exclusions, one of which states that interception is not illegal if the signal is readily accessible to the general public. Anyone who knows how to use a computer could, as a technical mater, find all sorts of email in the airwaves.

And if this hasn't been pointed out already, it is pointless to put your confidentiality notice at the end of the message, where an interloper would see it only after the the document has been read in full.

>
> Further, most courts and most bar association have found that
> email is proper for confidential correspondence with clients,
> even if not encrypted.

I haven't done a survey, as you apparently have, but the Arizona Bar, in opinion 97-04, does not seem to accord so clearly your statement.

>
> Now, from a practical point of view, if it is REALLY
> IMPORTANT stuff, encryption is a good idea. But for most
> attorney/client correspondence, email is secure enough for
> day-to-day activities. The reason encryption is not always
> used is because not all clients are familiar with using it,
> and thus it is a pain to set it up.

Try the self-decrypting archive functions in PGP or Steganos. It's not hard to set up as long as you know how to use a password.

And there are competing
> programs. But the usefullness of email far outweighs any
> risks for most legal purposes.
>
> -Bodi
>
>
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Received on Wed Aug 06 2003 - 22:21:34 GMT