Minnesota Law Review

Note, “Don’t Read This If It’s Not For You”: The Legal Inadequacies of Modern Approaches to E-mail Privacy

E-mail has become the cheap and reliable replacement for many forms of business and personal communication. Despite a lack of any significant advances in privacy laws or software, lawyers have surrendered their once vocal privacy concerns in favor of efficient communication. In an effort to minimize any remaining privacy concerns, e-mail privacy disclaimers have become as common as junk mail. Having no foundation in statutory or case law, however, e-mail privacy disclaimers have become nothing more than a self-perpetuating legal phenomenon. This Note analyzes the possible motivations for the continued use of e-mail privacy disclaimers and concludes that such disclaimers are wholly unenforceable.

In order to address continuing e-mail privacy concerns, this Note identifies several best practices for maximizing the effectiveness of e-mail disclaimers from a pragmatic standpoint. Such methods include manually placing disclaimers at the beginning of e-mail messages. In addition, the Note presents e-mail encryption as an effective and enforceable replacement for e-mail privacy disclaimers. Not only does encryption reasonably guarantee the confidentiality of an e-mail message, but it also provides the sender with valuable information about delivery.

:: View PDF

News & Events

  • Volume 97 Lead Piece Profiled in New York Times

    The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]

  • Volume 98 Spring Submissions Closed

    The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.

  • Volume 98 Submissions Will Open Feb. 15

    The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.

  • Minnesota Law Review Announces Volume 98 Editorial Board

    The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.

  • Minnesota Law Review Announces 2013 Symposium Topic

    The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.

Newsletter

cforms contact form by delicious:days