The Security Catalyst

I’d more or less accepted that some used them, while others didn’t – but paid little mind to the question – do email disclaimers matter?During a breakfast a few weeks ago, a friend of mine shared a situation in which a business email sent to an individual was later posted to a website (by the recipient)…. With the help of Patrick Romero, this is what we found:Some Background on DisclaimersTurns out these disclaimers can be used for a whole list of things – from breach of confidentiality to transmission of viruses to employer’s liability…. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.With the prevalence of e-mail communication, statements like these have become more and more ubiquitous among private and public companies – the majority are automatically generated whenever a user sends out any information regardless of the content of the message…. However, ECPA defines “intercept” as “the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.”… Can encryption provide privacy and confidentiality email?I have spent a lot of time reminding people recently that “solutions follow requirements” – and I’m always hesitant to recommend a solution without understanding the requirements. However, if you are concerned about the privacy and confidentiality of your email communications, you probably need to investigate the use of encryption.I have always enjoyed learning about and teaching encryption – and while it can be a double-edged sword, it offers the safest means of ensuring privacy of email communications…. In a properly constructed and managed solution, only the designated recipient has the ability to decrypt and verify the message – ensuring the confidentiality of the transmission (this is an overly simplified explanation – if you’re thinking about using email encryption, give me a call and we can talk about specific details).Encryption solutions are available for commercial and personal use…. Think before you press send.One of the best methods for protecting information (note: information protection doesn’t always mean encryption) is to establish and effectively communicate expectations for proper use of email (if you need some help learning how to communicate policies more effectively – pick up the phone and call, it’s what we do).Every organization should put in place a company policy with regards to sending confidential information through e-mail…. In the end, some do, some don’t and you get to choseCurrently, there is little case law or statutory interpretation that discusses the legal rights of senders vis-à-vis e-mail disclaimers.