Legal Question in Technology Law in California
Intellectual Properties
I received the following message: Any e-mail message (including any appended information, such as copied or forwarded messages and attachments, and any appended messages) sent to and/or received by ROSE DOMINGO (recipient) will be considered intended for the recipient's use in any manner the recipient sees fit and, at the recipient's discretion, is subject to disclosure, reproduction, copying, and/or distribution, etc. without prior authorization from the original sender, regardless of any notice to the contrary.
Upon receipt of this notice, any sender not wishing to accept the above conditions is advised not to send such messages.
However I have a banner on signature that states ''this email is intended for specific individuals only'' Please advice. I don't believe it is in compliance with the Electronic Privacy Act 1986. Thank you
1 Answer from Attorneys
Re: Intellectual Properties
The email example you provided from the "recipient" appears to be an attempt by that person to engage in the use of "boiler-plate" legalese. With the greater availability of legal contract language on the internet, it is becoming more and more common for people to blindly insert language without understanding its purpose or intended use. As a general proposition, contractual language such as this is without effect if it has not been accepted. In other words, you cannot bind someone to contractual terms "a priori" to their ability to consider and accept said language.
If you do not need to send messages to this person, I would simply avoid her altogether. If you do need to send messages to her, provide your own objection and reservations of rights regarding your emails (e.g. a "beefed up" version of the banner language provided with your signature).
As far as whether this email complies with the Electronic Privacy Act, it is difficult to say without knowing more about the email and the context of its use. What provisions of the Act do you believe are violated?
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