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Subject:
From:
Jesse Wilkins <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Tue, 2 Jun 2009 16:13:34 -0600
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Hi Juanita,
Check some of the legal blogs - many of them argue against them because:1.
They are not particularly enforceable
2. They almost always occur at the END of a message, meaning you don't read
the disclaimer until you've already violated it
3. The instructions require you to violate the disclosure against using or
distributing it by replying to it (unless you take that still additional
step of just copying the sender's email, which itself may be a no-reply-to
address)
4. Most systems append the disclaimer to every message - so in a long
conversation the thing might show up many times (and some of the digest
users could share their thoughts here)
5. Did I mention I'm not a lawyer? But they don't seem to be enforceable to
me - prohibition should carry a penalty and I'd think it very difficult for
someone to e.g. sue me because they sent a message to the wrong address. Not
saying I'd do anything with it, as a pretty ethical person and professional,
but I don't see how the disclaimer would prevent it.

There may be some requirement to do this for financial services (Circular
550?) but absent any statutory requirement I'd advise from my
non-lawyer-layman's seat that they don't appear to add much value to me.
That said, they don't cost anything more to send or store (at the margin),
so if it's a major political issue, I wouldn't charge the hill on it.

Hope this helps,

Jesse

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