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Subject:
From:
Hugh Smith <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Wed, 21 Nov 2007 02:21:37 -0500
Content-Type:
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>  Information Management Newswire
>
> Court Decision Affects Ownership of Electronic Records
>
> A recent New York Court of Appeals decision gives employees and  
> employers an additional course of action regarding the ownership of  
> electronic data.
>
> In the case, Thyroff v. Nationwide Mutual, the judge held that the  
> tort of conversion is applicable to electronic information.  
> "Conversion" recognizes that someone unlawfully took possession of  
> another’s goods. The concept of conversion has only been applied to  
> tangible property until the court noted that, "the tort of  
> conversion must keep pace with the contemporary realities of  
> widespread computer use."

Again the courts add burdens to media.  What are the ramifications?   
With opened ended liability does this present more risk for losses?   
Will this put an end to the attempts to put Hostage Fees on media?

Add to this SB 2163 and liabilities associated with Identity Theft  
and who bears responsibility, the laws and the courts conspire to  
come up to the real exposures of media.  Media is not just $40 worth  
of tape.  It is the sum of the value of the information stored on it  
that is exposed.

Do these laws create contingent liability?

Will Rocky arrive in time to save Bullwinkle? Why is someone like  
Natasha hanging out with Boris?

Hugh Smith
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