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  • Subject: Re: E-mail
  • From: "James W. Kilgore" <qappdsn@xxxxxxx>
  • Date: Sat, 27 Sep 1997 02:53:18 +0100
  • Organization: Progressive Data Systems, Inc.

DAsmussen@aol.com wrote:
> 
> Joanie,
> 
> In a message dated 97-09-22 18:25:54 EDT, you write:
> 
> > This can pertain to either e-mail on the AS/400 or via PC networks.....
> >
> >  Does anyone have a policy on e-mail and it's content ?   I know there are
> >  some legal issues that can arise with e-mail. i.e. a politically incorrect
> >  joke  sent to the wrong person, or a defamation of character th rough
> e-mail.
> 
<<bigg snip>>

> Interesting proposition, anyone else have ideas on it?
> 
> Regards,
> 
> Dean Asmussen


Without even bothering to mount the soapbox, as a ganeral rule of thumb
in this or any other potential litigation issue, cover your bets for
cheap insurance. By that I mean an employer should provide written
policy based upon prior accepted practice and enforce employee signature
of acknowledgement.

Have your company's legal department or firm inquire LEXUS which is a
legal database of court rulings that operates the same as NEXUS, the
news database, where you can perform a content search of word 'x' within
so many words of 'y' and receive all matched rulings. (ie: search
'email' within 20 words of 'violation' or 'email' within x words of
'termination' within y words of 'employment'...you get the idea...)

Now my law firm has an office I have to lunch at once in a while to get
one of the best views in Seattle to justify their fee, (my good looks
and $200 gets me a cup of coffee in their cafateria) and they are a
source of the aformentioned cheap insurance. They can get at LEXUS and I
can't.  My representative charges research fees and quite frankly I
would rather trust a search engine than a paralegal in a library. (Did I
say stunning good looks? Well, the kind people that don't jump at first
sight or pull their children behind themselves tell me that.)

Well, OK, I admit I'm software biased but what the hey, this is really
the bottom line of an email or any other company policy issue...do your
homework...buy your homework (if you're inclined to)...and rest easy.

When the film crew shows up at your front door, don't answer unless it's
Ed McMann! =:-o

James W. Kilgore
QAPPDSN@ibm.net

P.S. If an employee signs an agreement, therefore, implying informed
consent, whereby the employer can demonstrate diligent effort of
safeguards, you've done your job, you're done with the task, take the
family to the beach, move forward. It's the best any of us can
do...within the world we live in. (sigh...yet :) )
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