It’s good to know you’re thought of, it’s good someone should care It’s good to know you’re trusted but not to know they’re there Too late to shut your curtains they’ve caught you unaware They’re not at your window man, they’re sitting in your chair From Privacy Invasion by Exploited I have attempted on numerous [...]
Posts Tagged ‘legal’
Is privilege transitive?
Posted: September 17, 2010 in general, professional, securityTags: attorney-client privilege, email, expectation of privacy, legal, privacy, reasonable expectation of privacy, senior computing
A little less than a year ago in a post called No privilege for you! a situation was discussed where communication that appears on the surface to be clearly privileged, that between a client and attorney, was not. Due to the circumstances of the communication. Namely it was an email thread that took place over [...]
E-discovery is hard
Posted: August 10, 2010 in general, professional, securityTags: e-discovery, email, forensics, legal
Sometimes life is hard like trying bail out the ocean with a spoon Sometimes life is hard like trying to turn December into June And sometimes life is hard like trying lasso a quarter moon From Life Is Hard by Eric Durrance I’m trying really hard to catch up on all of the e-discovery news [...]
Maybe privilege for you after all
Posted: April 10, 2010 in general, professional, securityTags: attorney-client privilege, email, legal, privacy, reasonable expectation of privacy
In an earlier post entitled No privilege for you! I wrote about how an employee’s attorney-client privilege was not applicable because communication with his attorney took place via his employer’s email and therefore there was no reasonable expectation of privacy. In that case the e-mail communication in question took place on the employer’s internal email system [...]
Does encryption imply expectation of privacy?
Posted: November 2, 2009 in professional, securityTags: e-discovery, encryption, legal, Net Neutrality, offsite archive, plausible deniability, privacy, reasonable expectation of privacy, secret searches
Recently Chris Webster, a law student at the University of Maryland Baltimore School of Law, started this email thread which I will present here with minimal editing in hopes that some experts or interested parties among you, dear readers, can chime in. Just so everyone is clear, a disclaimer: I’m fascinated by e-discovery and legal [...]
No privilege for you!
Posted: October 9, 2009 in general, professional, securityTags: attorney-client privilege, email, legal, privacy, reasonable expectation of privacy
Everybody knows about the idea of attorney-client privilege. At least in the USA. It’s what keeps lawyers in business and their clients out of jail. In general, any communication between attorney and client is privileged. It’s a secret that no court can compel either party to divulge. Kind of like the privilege between confessor and [...]
Justice happens
Posted: August 27, 2009 in general, professional, securityTags: Alan Arkin, e-discovery, lawyer, legal, Simon Award
For meting out true justice the coveted Security for All Simon Award goes to JAMES C. FRANCIS IV, United States Magistrate Judge for his ruling on Green v. McClendon, 2009 WL 2496275 (S.D.N.Y. Aug. 13, 2009). The Simon Award takes it’s name and inspiration from the classic 1980 Alan Arkin film Simon wherein Prof. Simon [...]
