Get Ready for Email changes
George Grachis-CISSP
Overview
z BPS Email Policy
z Email Etiquette
z A few Basic Points.
z Some Liability Issues.
z Email Archiving and FRCP
z Email Archiving Then.
z Email Archiving Now.
BPS Email Policy
z 7540.05 - ELECTRONIC MAIL PROCEDURES
Prohibited uses of the Internet and/or E-mail shall
include but not be limited to the following:
Any other usage that may create a potential legal
liability for the Board or compromise the Board in
any way.
Surveys, contests, pyramid schemes, chain letters,
junk E-mail, spamming, or any duplicative or
unsolicited messages.
Email Etiquette
z Be concise and to the point.
z Use proper spelling, grammar & punctuation.
z Answer swiftly.
z Do not attach unnecessary files.
z Do not write in CAPITALS
z Do not over use Reply to All.
Some Basic Points.
z Email has become
entrenched as
legitimate business
communication tool.
z Courts expect email
users to understand the
power of electronic
communications.
The people who tap the
keys must know the
laws, not only the
attorneys.
Email has become the
smoking gun in many
recent lawsuits.
Anyone for a swim?
z Diving into the public pool of electronic
communications lessens your right to
privacy.
General Liability Issues.
Who are the actors in
Email lawsuits
z Employers suing
Employees
z Employees suing
Employers
z Third parties against
Employees and
Employers
z Employees and
Employers against
Third parties
Questions.
z Can Email be used as
evidence in court?
z Is Sexual harassment and
Cyber Bullying often
carried out via Email?
z Congressman Foley
He had to step down
when evidence
surfaced he sent
suggestive emails.
z Yes
Questions.
z Is there liability for
forwarding a
confidential or libelous
Email?
z Are Defamation and
Invasion of Privacy
issues to consider
when using email
systems?
z Yes, The legal test is,
You knew or should
have known not to
forward the Email.
z Yes
FRCP
z According to new federal rules that went into
effect Dec. 1, 2007 schools, busin