My organization is considering adding an e-mail footer to all outgoing e-mails, which states in part that if you are not the intended recipient, copying, forwarding, etc. is "strictly prohibited." I receive many e-mails each day with similar footer wording. Am I correct in assuming that, while it may be prohibited by the sender's company's policy, there is no such "law," and this is bluff and not prosecutable? After all, many people have been taught to forward "suspicious" e-mail (when unintended, it looks suspicious) to their respective computer help desks.
QUESTION POSED ON: 06 SEP 2005
QUESTION ANSWERED BY: Puneet Mehta
Good question. Well, this is and has been the most debated and discussed topic at most security conferences. Companies are doing it, but that is only to meet regulatory compliance and does not weigh legally. The biggest weakness of such disclaimers in regards to the e-mail laws is that there is no binding agreement. A user who receives the message is not asked to first accept the disclaimer agreement. So, if the user is not under any agreement, how can you take a legal action against him/her? The reality is that they hold a very low weightage and moreover the validity of such disclaimer is yet to be tested in courts.
Since you seem to be quite interested in this subject, here are few resources from my library:
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