The Great Zero Challenge

[Peter Fairbrother]

Roland Perry wrote:
> In article 
> <3452E045-84B4-4ABA-A319-4D379CA1E44A@sourcetagged.ian.co.uk>, Ian Mason 
> <ukcrypto@sourcetagged.ian.co.uk> writes
>> I have the appended signature in my armoury for  replies to those who 
>> send such ludicrous legalese.
> 
> I have one too - which seeks to illustrate that if you don't understand 
> it, how can you comply?

As I understand it, a disclaimer that a communication is legally 
privileged may have some legal effect in preventing third parties from 
divulging it. Once received, the recipient can reveal the contents 
(unless he's a solicitor under a duty to keep schtumm).

However if you send me a disclaimer attached to a communication, I can 
just ignore it - I haven't agreed to keep it secret, and am perfectly at 
liberty to repeat the sense of the contents, though if eg it's a poem I 
may not have copyright to the expression, and then I can't reproduce it 
exactly.


The last situation is when the contents of an unpriviliged communication 
comes into the hands of a third party. If it has come by interception I 
think (haven't checked) it's illegal under RIPA to reproduce it.

However if it has come into the hands of third party by chance, or by 
some other means not involving interception, then I'm not so sure. 
Obviously posting to usenet implies that a communication can be freely 
reproduced, but in other cases where eg a third party reads a 
communication marked PRIVATE at the end, does the reader have any duty 
to keep it private?

In common courtesy, yes, but under law I don't know. I doubt it, but - 
Nicholas?

-- Peter Fairbrother