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Re: Mail User Agent for correct addressing was Re: [LUG] [Fwd: Student Linux User Group]
So not a criminal offence then if it is civil law ;)
My point, yes.
Probably copyright, and other abuses might be grounds, but you
can't send someone a contract with a document and expect them to
be bound, contract law doesn't work that way, you have to agree
to a contract to be bound by it (with various caveats like not
being under duress).
It isn't a contract.
There is a case to quote.
I'll look up the relevant details
Remember that IANAL and this is not advice, but if it is advice you should
not follow it.
It was also part of the fuss revolving around the dispute over the fsa.co.uk
domain, which has been resolved with the MTA settings being changed so as to
bounce mails addressed to unconfigured users rather than pass them to the
postmaster for sorting out. I really like haivng mail systems that act as
intelligently as a 17 year old office junior dealing with paper mail, so it
is a pity that some legal constraints will encourage people to downgrade them
I encrypt medical records when I move them by email.
So if they did go to the wrong place it would considerably limit the exposure.
(Actually, I now store some as encrypted text. I'll have to work out what to
do about them when they get passed on, sometime.)
Basically, you have to try hard to have safe systems of working, now for most
stuff there is no obvious reason for it to be a lot better than paper mail,
but somehow the standard seems to be set higher for email.
DRUMMOND MURRAY v. YORKSHIRE FUND MANAGERS
LIMITED MICHAEL HARTLEY  EWCA 4629 (11th December, 1997)
Also cited as Coco v A N Clark (Engineers) Ltd  RPC 41
"As to the law, the convenient starting point is the judgment of Megarry J
in Coco v. A.N. Clark (Engineers) Ltd.  RPC 41, where, at p.47, he
stated the three elements normally required, apart from contract, for an
action for breach of confidence to succeed: first, the information must
have the necessary quality of confidence about it; second, the information
must have been imparted in circumstances importing an obligation of
confidence; third, there must be an unauthorised use of that information
to the detriment of the party communicating it."
So not random spam, but business stuff might.
From one of the Linux desktops of Dr Adrian Midgley
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