is email confidential?

[tpntx]

What is the name of your state (only U.S. law)? TX

I had an unpleasant experience at a local business. I emailed the business later and complained.

The owner of the business replied to my email with a very insulting and vile msg.

I Posted the contents of both my email and his reply to a social media forum. This forum is for people who use shops like his. Many members are actually customers of his.

It turned into a fast moving storm of negative reactions to his unprofessional remarks.

Did I break any laws?

 

[George1776]

The courts are leaning that emails are just like regular mail. But, if it was not sent under a confidential umbrella, its not "private".

 

[Mass_Shyster]

Email is not "confidential", but it is subject to a copyright. You can't simply publish someone else's work.

 

[tpntx]

there was no disclaimer contained. No agreement between us at all.

As creative as he got telling me I should bow to my knees and thank god that worst thats ever happened is a tech....It might be considered "work" and he could get me for copyright...lol

The owner is also an attorney and known for bullying people I have also learned.

I have removed the post and stated that I did it to show mercy on his name and his business. He demanding that I never share this again, forum, entity, persons.

Sounds like he need a confidentiality agreement. Why would should I spend my time doing that?

The email is so bad and demeaning to me personally I wonder if it is I who has something the he needs to be worried about.

I know that sounds silly but its truly amazing what he wrote.

 

[tpntx]

Regarding a confidentiality agreement...

Again why would I make any effort to help him. I cant be compensated for it.

 

[quincy]

Stevef answered your question.

You have no action against the business owner; he could potentially have one against you, for copyright infringement or possibly for tortious interference (although it is unlikely he would prevail in either suit).

If the email was sent directly and only to you and it was defamatory, you have not been defamed. Publication of defamatory material must be made to a third party. If you published to others such an email yourself, you have defamed yourself and the owner will not be held liable for the publication.

You removed the emails and you are under no obligation to do anything more. If the business owner/attorney sues you (which is unlikely), get an attorney of your own to handle the matter.

 

[antrc170]

I agree with the theme of the previous posts that you do not have standing to sue the business, and the business certainly does not have any standing to sue you. The email is not subject to copyright as it is a personal email sent to you not designed or intended to be part of a protected work (i.e literary). For a tortious interference claim, the business would need to show that you prevented, or hampered, parties from entering into business with them based on false statements, or threats. Posting an email online is neither of those and the person had no expectation of privacy once the letter was sent.

 

[quincy]

Actually, emails are copyrighted as soon as they are written, so they are subject to copyright laws just as personal letters are, and emails can be considered private, confidential and privileged under certain circumstances (*see below). It depends on the facts.

Whether an email is a personal one or not does not play into the protection that can be afforded it under the Copyright Act. An email that is sent to you and that you later forward or publish would probably not give rise to a successful copyright infringement suit, however, for several reasons. One, in order to sue, an email would need to be registered. Two, the email would need to have at least a minimum of originality or creativity to be registrable. Three, the email should have some commercial value in order for a suit to be worth the huge amount of money it takes to pursue an infringement suit in court.

As for privacy and emails, courts have ruled that some emails can be considered private. The publication of these private emails, which contain personal information or private facts, are an invasion of the email sender's privacy.

With all of that said, however, the facts as tpntx has presented them here shows that there is probably no legal action available to be taken, or worth taking, by either of the parties.


*see Stengart v Loving Care Agency, Inc, New Jersey, March 30, 2010 - attorney-client privilege extended to emailed communications
*see Salinger v Random House, 811 F.2d.90, 2d Circ, 1987 - copyright in personal letters
*see the suits over the publication of the Warren Harding/Carrie Phillips love letters (brought by Harding heirs and Isabel Phillips Mathee), court rules letters are to remain sealed until 2023 - privacy rights and copyrights in personal letters