[LINK] RFI: Email Disclaimers

[Matthew Sullivan]

Roger Clarke wrote:
> During conversations on link and elsewhere some time back, we were 
> pretty sus about the effectiveness of email disclaimers.
>
> I've been asked by a correspondent whether anything has changed.
>
> Can anyone point to any guides on the topic?
>   

It's been discussed to death and then some more... Google is your friend 
(well in this instance)
> My memory is that effectiveness depends firstly on whether the person 
> is really constrained to see it.
>   

There is no legal basis in most (if not all) of the disclaimers/notices.

> Then of course there's the question as to whether it generates some 
> form of right (for the utterer) or responsibility (for the presumed 
> utteree).  Is it a term of contract? 

No, someone cannot enforce a contract on another party unless there is 
prior agreement between the two parties.

>  A term of a coyright licence? 
>   

All original works are copyright, however, that is not necessarily going 
to do you any good.  If you send me an email by mistake indicating your 
company was financially unsound, I ignored the notice, and fowarded it 
to the local press where you made big news, and the company lost 
millions etc...  you can't do a thing about it, unless I copied and sold 
that email (ie made profit).

> A notice that the contents are, or may be, being communicated in 
> confidence?
>   

No contract, and unless you have a security clearance with the relevant 
agency/company etc you're not under contract.  Of course if you are 
under a general NDA by the sender, another matter *but again that 
requires prearranged contract*.
> Simple test-cases:
> 'Before you print this, think of the trees you're using up' ?
> 'If this has reached you in error, please let the sender know, and 
> please destroy your copy' ?
> 'Please read the disclaimer below'
> 'Please read the disclaimer at <URL>'
>
> Any difference depending on whether it's at the top or bottom of the email?
>   

No.

> A related question is whether click-wrap on web-sites successfully 
> imposes terms on the user.  If not, then any email disclaimer would 
> seem to be doomed to have no legal effect?
>   

If you have to go through a disclaimer to get to the message, then quite 
likely, you are affirming your agreement to the NDA/Notice etc by 
performing the click through action.

> Thanks for any leads!
>
>
> I don't use anything on my emails, but do on my web-site, at the 
> bottom of my copyright notice, which is pointed to from most of my 
> pages:
> http://www.anu.edu.au/people/Roger.Clarke/CNotice.html
>
>
>   


Same here.

/ M