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Public display of private email

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Saratoga Sam

Junior Member
What is the name of your state? California

The scenario:

Paul and Joe are both American citizens living in California. They've been having an email debate about the war in Iraq. Since Paul and Joe have opposing views of the war, the email debate heats up.

At the end of the email debate, Joe discovers that Paul personally desires that America lose the war in Iraq in order to prove George Bush's mid-East policies wrong.

Joe is offended and copies the email debate onto his personal website in its entirety without any modifications or edits. His thought is that Paul is a disgraceful American and others should be aware of this by reading the email transcript. Joe includes Paul's first and last name on the website but does not include Paul's email address, his residential address or his place of employment.

Paul is enraged because he did not intend his emails to be made public. He is also concerned that his employer and business contacts may find this website if they do a Google search on his name (Paul has an uncommon last name).

Is there a legal action Paul can take to force Joe remove the email thread from his website?

Do you think Paul can collect monetary damages against Joe?

Thanks.
 


HomeGuru

Senior Member
Saratoga Sam said:
What is the name of your state? California

The scenario:

Paul and Joe are both American citizens living in California. They've been having an email debate about the war in Iraq. Since Paul and Joe have opposing views of the war, the email debate heats up.

At the end of the email debate, Joe discovers that Paul personally desires that America lose the war in Iraq in order to prove George Bush's mid-East policies wrong.

Joe is offended and copies the email debate onto his personal website in its entirety without any modifications or edits. His thought is that Paul is a disgraceful American and others should be aware of this by reading the email transcript. Joe includes Paul's first and last name on the website but does not include Paul's email address, his residential address or his place of employment.

Paul is enraged because he did not intend his emails to be made public. He is also concerned that his employer and business contacts may find this website if they do a Google search on his name (Paul has an uncommon last name).

Is there a legal action Paul can take to force Joe remove the email thread from his website?

**A: yes, and the owner of the website server and website makes the call.

*****
Do you think Paul can collect monetary damages against Joe?

**A: no.
********

Thanks.

**A: sure thing.
 

Saratoga Sam

Junior Member
Thanks HomeGuru.

So you're saying that private citizen, Joe, can take a private email (that they received from another private citizen, Paul) and publicize it without any legal consequences?

What legal framework protects Joe? Constitional freedom of speach?

There is no privacy protection for Paul?

Thanks, and Happy New Year!
 
G

Gevalia

Guest
Saratoga Sam said:
Thanks HomeGuru.

So you're saying that private citizen, Joe, can take a private email (that they received from another private citizen, Paul) and publicize it without any legal consequences? What legal framework protects Joe? Constitional freedom of speach? There is no privacy protection for Paul?
I'm no lawyer, but I'd like to take a crack at this.

PC Joe can do whatever he wants with PC Paul's e-mail, because PC Paul pretty much made himself vulnerable when he sent written proof of his opinion out into the cosmos.

Joe is under no obligation to Paul as far as confidentiality. In fact, even if Paul had explicitly stated in his e-mail that he expected Joe to keep their communication confidential, Joe can tell him to go climb his thumb and be perfectly within his rights to make the e-mail public.

Paul does have privacy protection...it's called keeping your mouth shut when you don't want people to know what you think.

Happy New Year to you, too!
 

Saratoga Sam

Junior Member
Thanks for the reply.

It really goes to show you that you have to be very careful what you say/write.

I read an editorial in the Wall Street Journal the other day about a man who had a phone conversation with Elliot Spitzer, the attorney general of NY. Apparently, Elliot made some threatening remarks to this man who wrote them down and sent them to the WSJ where they were published. I'm sure Elliot's not very happy about that.

I was under the (perhaps incorrect) impression that you could do this with public figures like Elliot Spitzer, but not with private citizens like you or I.
 
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