Re: Cisco IOS Shellcode Presentation

[Valdis.Kletnieks () vt edu]

On Mon, 01 Aug 2005 13:37:34 -1000, Jason Coombs said:
> Technica Forensis wrote:
> > > CAUTION:
> > > Internet and e-mail communications are Kohl's property and Kohl's reserves the 
> > > right to retrieve and read any message created, sent and received.
       The crucial word -------^^^

> > Kohl's reserves the right to read my email I send my mom just because
> > it's on the Internet?
> >
> > maybe you should go reread the wiretap act.
>
> Wiretap Act doesn't apply to stored electronic communications.
>
> Kohl's owns all of those communications, whether stored temporarily in 
> RAM or stored persistently to a hard drive.

Kohl's may indeed have some rights regarding *their* messages.  However,
their disclaimer (hopefully inadvertently) talks about "any" message, not
just "any Kohl's message"....

I've seen stupider disclaimers, but this one is right up there.. 

Of course, if I were an opposing attorney, this sticking of "may contain
confidential information" on stuff posted to worldwide public mailing lists
could be a gold mine - obviously the company has *not a clue* what mail actually
has such info in it.  If obviously public mail has a broken inapplicable
disclaimer on it, maybe that other piece of mail I want to subpoena that has
the same exact disclaimer on it isn't in fact privileged either....

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