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COMMUNET Home

COMMUNET Home

COMMUNET  May 1997, Week 4

COMMUNET May 1997, Week 4

Subject:

Watch what you say!

From:

John Walker <[log in to unmask]>

Reply-To:

Community and Civic Network discussion list <[log in to unmask]>

Date:

Mon, 26 May 1997 13:45:50 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (279 lines)

In light of a recent posting by a list member I thought that this
might be appropriate. If any of you have already received this
please accept my apologies for a second posting.


Watch what you say

Marvin Ross
Special to The Spectator

http://www.southam.com:80/hamiltonspectator/business/970514/965275.htm
l

Even Microsoft's Bill Gates got caught overestimating the security and
confidentiality of e-mail because "people think that e-mail is like
water cooler chat" and it's not.

That was the advice of computer law specialist Barry Sookman of the
Toronto law firm McCarthy Tetrault who says e-mail has a number of
confidentiality problems.

The first, as Gates and others have found out, is the fact that
what's said on e-mail may be required to be produced in court as part
of the discovery process.

During civil litigation, both parties have the right to examine all
documents related to the lawsuit before the court proceeding.

Those required documents now include e-mail.

Microsoft was in a court battle over intellectual property rights and
Gates sent an e-mail to his staff encouraging them to "get Stac."

Stac is a California software company that published a disk
compression package.

They were suing Microsoft for patent infingement, claiming
DoubleSpace in DOS 6 infringed on their LZS data compression.

Microsoft brought a counter claim against Stac.

Sookman said Microsoft claimed the company violated trade secrets
because Stac had found a beta or test version of the latest version of
DOS on the Internet and downloaded it without permission.

The message from Gates had to be given to Stac's attorneys who kept a
blowup of it before the jury throughout the trial.

PROOF

It didn't prove anything but planted a seed in jury members' minds.

Stac won its patent infringement case against Microsoft and was
awarded $120 million.

Microsoft won its trade secret infringement against Stac but only
received $13.6 million.

Gates' e-mail may not have directly affected the trial outcome but in
many instances it does.

In 1994, two U.S. West Coast doctors exchanged casual e-mail about one
of their patients who had injured his back at work.

The doctors were convinced nothing was wrong with him and one sent an
e-mail advising his colleague to "just get rid of him."

The patient's condition deteriorated and he became paralyzed.

The e-mail messages between the two doctors increased and concluded
with "we screwed up."

In preparation for the trial, a Seattle-based company called
Electronic Evidence Discovery was hired to search the computer files
for all records about the patient.

They retrieved 25 e-mail messages thought to have been deleted from
the computer.

The result, according to John Jessen, founder of the search company,
was that the plaintiff "was happy with his settlement."

The case illustrates another problem with e-mail confidentiality
that most people also fail to recognize: Even if you delete your
message, it can probably still be found.

Sookman pointed out that in some cases, the actual disk or hard
drive was required to be produced in court.

Most people using e-mail do so at work where their own office
computer is linked with others in the company.

DAILY BACKUP

What they may not realize is that the network is normally backed up
every day and the backup tapes are kept.

Although they delete their e-mails, they can be retrieved from the
tape.

Sookman said that for this reason, some companies are keeping e-mail
in a separate backup file.

That file is kept for 30 days and then purged so the e-mail messages
can't be recovered.

David Jones, a computer science specialist at McMaster University,
said the law requires companies to keep paper records for a certain
length of time. Then they can be and are destroyed.

"Now that e-mail has become more mainstream, the same policy of a
planned lifetime for electronic records should apply," he said.

Jones also pointed out another aspect of e-mail that is often
overlooked. People tend to send two types of messages.

The first are the formal work-related messages that must be kept for a
planned period of time.

The other set are the informal "water cooler chit chat" between
staff to arrange meetings, lunches and exchange informal gossip or
personal information.

Management has the right to look at an employee's e-mail, Jones
said.

After all, it is used for company business. If someone is sick or away
on business, the company may need to check information.

They may discover a lot of personal information that should not be
there.

In one government office, a secretary left and gave her successor her
e-mail password.

The new secretary found several messages indicating her predecessor
was having an affair with the human resources manager.

The new employee promptly deleted the e-mail.

Managers have not been clear so far about advising employees on
proper use of e-mail, Jones said.

Informal messages could have an "expiry date" and a program would
automatically delete all expired messages.

Without that type of safeguard, the dangers for employees are
considerable.

The only way to avoid your message being stored on the backup tape is
to ensure you and the people you send to delete it before it's backed
up.

Relying on others to delete your message is risky as an Ontario
government employee found out.

The example occurred during the Skydome scandal under former premier
Bob Rae's government.

A group of provincial social services officials planned a meeting at
taxpayers' expense at the Skydome Hotel in a room overlooking the
baseball diamond during a ball game.

The bureaucrat who organized the event did so by e-mail and ended his
e-mail message with, "delete this after you have read it."

Someone did not follow the instructions.

The message was printed and found its way into the hands of then
Tory leader Mike Harris.

Even if you delete a file from your computer, it is still physically
there and can be recovered by an expert.

All you are really deleting is the reference or pointer to that file
as the computer does not physically wipe out the information.

The area where that file resides can now be used by other files and
will only disappear when some other information is copied over it.

The only way to ensure information on your hard drive or a diskette is
really gone is to reformat it.

That will eliminate everything.

People who work in home offices and others who use e-mail over the
Internet are not immune to problems.

Their deleted e-mail messages can also be recovered by experts and
they cannot guarantee the recipient will not keep the message.

Sookman said that if you are on an Internet mailing list, the wrong
people can get your message.

But more importantly, "Sending an e-mail is not like putting a
letter in a sealed envelope."

E-mail travels the Internet in packets and bounces from computer to
computer before arriving at its destination.

At any one of the computers along the way, copies can be made and read
at a later date.

If this happens, you don't know where your message may end up.

Jones agreed this can happen, but said it's illegal and users should
expect the same respect for the privacy of e-mail as for regular mail.

"It is important to assert the expectation of privacy and work to
increase that security," he said.

"If we give away that expectation, then the police could start to
monitor e-mail."

Some people are starting to use encryption on the Internet as a
security measure.

One program, called PGP for Pretty Good Privacy, enables an e-mail
sender to encrypt or code the message just as spies have done for
years.

The receiver has a key that enables only him or her to unscramble the
message.

This same principle can be used for commercial transactions over the
Internet to protect the security of credit card numbers and any other
vital information.

Jones said e-mail and the Internet can improve the speed and
distribution of leaked documents.

Confidential information on paper is difficult to disseminate
quickly for anyone wanting to "blow the whistle" on secret
activities.

The manila envelope containing private documents mailed to the press
by a disgruntled employee or even faxed is slow compared to Internet
distribution of confidential e-mail.

Jones mentioned a confidential e-mail the Canadian Internet provider
Istar distributed to its technical staff from its legal counsel.

On July 3, 1996, Margo Langford, the company's corporate and
regulatory counsel, sent out an electronic memo listing the Internet
news groups Istar was deleting because it felt they were used for
illegal purposes.

The memo said, "This list is for the information of the technical
support staff of Istar Internet only and is not for general
redistribution to the customer base."

Within days, Jones said, the entire Internet community had a copy of
the memo which generated considerable debate and newspaper articles.

That confidential memo could not have been leaked to so many people so
quickly by conventional methods and is today posted on the Internet.

It is available at http://www. efc.ca/pages/isp/istar censorship.html

The bottom line for using e-mail is to err on the side of caution.

Don't say anything you might regret later.

----------------


-------------------------------

Excerpt from CSS Internet News (tm)  ,-~~-.____
For subscription details email      / |  '     \
[log in to unmask] with        (   )        0
SUBINFO CSSINEWS in the             \_/-, ,----'
subject line.                          ====           //
                                       /  \-'~;    /~~~(O)
"On the Internet no one               /  __/~|   /       |
knows you're a dog"                 =(  _____| (_________|

-------------------------------

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