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RAIN 10/09 (Part 2): Forgot one



The NYTimes Cyberlaw column has some good information every Friday. This
past Friday's column is especially interesting considering the query for
law.harvard.edu

New York Times 10/05/00
One Judge's Opinion: Delete Should Mean De
http://www.nytimes.com/2000/10/05/technology/06CYBERLAW.html

by Carl S. Kaplan
The geniuses who designed the modern world's computers probably thought they
were doing mankind a favor when they decided that nothing, in fact, would
ever be deleted when a computer user presses the Delete button. At least one
prominent jurist, however, thinks Delete should mean just that.
As most people now know, nearly all trashed material remains in the guts of
the computer after being deleted, merely vanishing from view. This Delete
key deception is good news if you're a trigger-happy author who wants to
recover a thrown-away masterpiece. It's also nice for aggressive lawyers.
During the information-gathering phase of a lawsuit, lawyers can and do
employ experts to search an adversary's hard drives for "deleted"
incriminating electronic messages and computer files. But what if you are an
otherwise decent person who once upon a time wrote a completely stupid
e-mail or message. Should you be condemned to a lifetime of constant worry
that the note will be discovered and thrown on a desk in a courtroom?


Peter A. Kurilecz CRM, CA
Manager, Records Management Group
Woodside Summit Group Inc
Midlothian, Virginia
Office: 804-744-1247 x23
Fax: 804-744-4947
mailto:peter.kurilecz@woodsidesummitgroup.com

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