I'm actually teaching attorney-client privilege this week in professional
responsibility.

A good analogy is that there are bar opinions saying that the privilege is
maintained through unencrypted email.

When you send email through plaintext, you know the ISPs and other forwarding
stations on the Internet can see your communication, but that in itself does not
blow the privilege.

I think the possibility of secret wiretapping is less likely to blow the
privilege.

Peter

Prof. Peter P. Swire
C. William O'Neil Professor of Law
Moritz College of Law
The Ohio State University
Senior Fellow, Center for American Progress
(240) 994-4142, www.peterswire.net


-----Original Message-----
From: Law & Policy of Computer Communications
[mailto:CYBERIA-L@...] On Behalf Of Randall Webmail
Sent: Wednesday, May 28, 2008 10:11 PM
To: CYBERIA-L@...
Subject: Re: [CYBERIA] Legal outsourcing and US government surveillance - blows
attorney-client privilege?

From: Greg Broiles <gbroiles@...>
Date: Wednesday, May 28, 2008 18:34
Subject: Re: [CYBERIA] Legal outsourcing and US government surveillance - blows
attorney-client privilege?
To: CYBERIA-L@...


> Greg Broiles, JD, LLM Tax, EA
> gbroiles@... (Lists only. Not for confidential communications.)
> Legacy Planning Law Group
> San Jose, CA
> California Estate Planning Blog: http://www.estateplanblog.com

What of attorneys who communicate with clients via gmail? You *KNOW* those
communications are going to be machine-parsed, in order to deliver possibly
relevant advertisements. Is the fact that they're not /supposed/ to be read by
humans relevant to the discussion of Privilege?


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