funsec mailing list archives

Re: E-mail gaffe leads to billion-dollar news leak


From: "Les Bell" <lesbell () lesbell com au>
Date: Tue, 12 Feb 2008 11:45:35 +1100


Drsolly <drsollyp () drsolly com> wrote:


If you tell me what I may and may not do, and I haven't agreed to it, then
you're blowing bytes.
<<

Your point about being unable to unilaterally create a contract is spot on,
but:


If you and I agree on an agreement, then it's a contract, and it's
binding.
<<

Not quite; there has to be one more thing to form a contract under common
law: an exchange of considerations. If you offer to pay me (or provide some
service or other item of value) not to reveal the contents of an email,
then we can form a contract. In absence of consideration, no contract
exists. Despite some subtleties between US and English law, this basically
applies in both and many other jurisdictions.

Best,

--- Les Bell, RHCE, CISSP
[http://www.lesbell.com.au]
Tel: +61 2 9451 1144
FreeWorldDialup: 800909


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