Re: Chat board privacy issue

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On 1/19/08, AR wrote:
> Is it illegal for a person to post an email you sent them
on
> a public chat board (internet) without giving them
> permission? With posting your email again without
permission?

Internet law is a very interesting topic. It is subject to
state as well as federal and foreign laws. Cross-border
issues are perhaps the most unsettled part of Internet law

I am curious as to what law you refer to that would prevent
disclosure of a personally received email? There can't be
an "expectation of privacy" claim to an email sent to
another individual. For example; if a famous person sent me
an email or even a regular mail communication, I know of no
law that would prevent me offering it for publication in any
manner. (e.g., a tabloid)

I guess if the email contained a trade secret or legally
privileged material there might be an issue if the privilege
was not effectively waived. Most law firms now include a
note at the bottom of their emails stating that the email
may contain privileged material that cannot be disclosed.
Also, if the posting was done to harass an individual there
might be a state issue involved.

In the end I think posting an email you received to a chat
board would boil down to the issue of the
sender’s "reasonable expectation of privacy" in his email.
However, if I found out that someone was posting my emails
on a chat board without my permission I would certainly not
continue to communicate with that person. I find the
possibility that the DC bar would offer what amounts to
legal advice in an email to an out of District inquiry very
puzzling.

This is why the bar in my state will not respond to email
inquires and prominently labels any regular mail sent to
applicants "CONFIDENTIAL". If an applicant in my state
would be foolish enough to post a communication from the
bar, they would of course never be allowed the privilege of
sitting for the bar.

P.S. I am likely the worst speller in the world but I
respect the members of this chat board enough to run a spell-
check on my word processing program before posting my
message. (every computer at least has the "Note Pad" program
which has a spell-check feature) Some errors still occur but
my postings are not a grammatical "train wreck" despite my
writing weakness. I ask for understanding for my typos and
of course extend the same understanding to others who make a
minimum effort to present a readable post.