David Hricik, E-mail and Client Confidentiality: Lawyers Worry Too Much about Transmitting Client Confidences by Internet E-mail, 11 Geo. J. Legal Ethics 459 (1998)

Summary of the Article:

“…On-Line Service Providers (OSP) provide Internet access while also allowing access to their own private content that is not available on the Internet to the public…The Federal Wiretap Act expressly provides that interception of a phone call — whether it is being transmitted over a land-based phone line, a cordless phone or a cellular phone, and whether or not the transmission contains voice or data, and whether the interception is intentional or inadvertent or even authorized — does not waive any otherwise available privilege…The legal protection afforded to the broadcast portion of a cordless phone call has, since 1994, been identical to a land-based phone call…As a result of the relative ease of interception, and in light of the fact that at the time of their analysis there was no ECPA protection for the broadcast portion of a cordless phone call, prior to 1994, a number of court and ethics opinions concluded that broadcasts by cordless telephones were not subject to a reasonable expectation of privacy in accordance with the Fourth Amendment…Other service providers may not necessarily accord the content of e-mail such status…Unlike a cordless phone or cellular phone broadcast, an Internet e-mail is not broadcast over the open air waves in a certain radius…”

 

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