Saturday, June 16, 2007
Posted by Alan Childress
David Hricik (Mercer) has posted to SSRN his article, "Mining for Embedded Data: Is it Ethical to Take Intentional Advantage of Other People's Failures?" It will also be published in 8 North Carolina Journal of Law and Technology, No. 2, Spring 2007. Note that the ABA and several states have gone in opposite directions on this issue. Here is his abstract:
This article analyzes embedded data that accompanies many documents and the legal ethical issues that accompany inadvertent receipt of documents containing metadata. It addresses ABA Model Rule 4.4(b), ABA Formal Ethics Opinion 92-368 and 06-442, and New York opinion 2003-04, Florida Bar Opinion 06-2, and others.