Legal Question in Technology Law in California

e-mail privacy

Recently my private e-mails and e-mail address were posted on a website. Is there any legal recourse I can take to have this removed?


Asked on 11/13/08, 7:04 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: e-mail privacy

Sure, you can spend a bunch of legal fees bringing a lawsuit, so that you have the power of subpoena, so that you can try to find who posted, so that you can try to get a court order to remove them and a restraining order against that one person from doing the same thing again. After you've spent all this money, probably unsuccessfully, the postings are still on the 'way back machine' archives forever, plus anyone that every saw them can forward them to the universe. Ain't computers and the internet wonderful? By now you've realized, there is absolutely NO expectation of privacy on the internet or emails unless you use appropriate security measures and encryption. That still wouldn't stop the recipient from forwarding or posting whatever they want.

Make peace with the perp and convince them to cooperate.

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Answered on 11/13/08, 7:15 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: e-mail privacy

Probably not much to do about the archives on the 'net... there's no "un-ringing the bell"

BUT, you CAN try issuing a DMCA takedown notice, if your emails are original expression of authorship, and you therefore hold a copyright...

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Answered on 11/14/08, 1:08 pm


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