Sunday, 22 April 2012

When Should I Use an Email Disclaimer?

AppId is over the quota
AppId is over the quota

Companies are using email disclaimers in many instances, the most common reason is to attempt to safeguard confidential information. This may be information that a company holds or information that is intended to be sent to a particular recipient, for a specific purpose or even just information about the company itself.

Similarly, these disclaimers are used when any type of advice is being given for a specific purpose through electronic means. For example, a disclaimer may be used to limit liability where the information should not be passed on to a third party and relied on but there is potential it may be. By using a disclaimer for the transmission of this type of information it lets the recipient know the extent to which it can be used and when it may not be. In many instances a standard email disclaimer will state that if an email was sent to the recipient in error, that person is required to delete the email and not use or pass on any of the information contained in the email. This is used to avoid and safeguard against the wrongful dissemination of confidential information.

Another important reason to use email disclaimers is that a company will not be able to control what is sent by their employees; therefore a disclaimer should appear at the bottom of every email to try to protect the company for emails sent by their employees. An email disclaimer is a standard inclusion on emails for most companies and will outline that the contents of the email are not necessarily the views of the company. This essentially tries to distance the company from the sender, even if it is an employee and means that if there is a misrepresentation or any other type of inappropriate conduct, it is the sender whom is personally liable and not the company.

In other situations an email disclaimer may be used to ensure that the recipient knows the extent of the authority that a company provides to the employee as sender of the email. For example a disclaimer can state that any emails sent by a specific person cannot form a contract. From this, email disclaimers can be very broad or customized for specific purposes. Employers and companies can tailor email disclaimers to specific employees, specific information provided, who may rely on the contents of the email, how it may be used, and many other caveats rather than having a general disclaimer for all employees. The nature of the employee's role and risk involved in emails will determine whether the use of a unique or general disclaimer is appropriate. Lastly, the nature of the company and what is communicated by email will also determine how the email disclaimer is framed and what it needs to contain to be tailored and effective for its particular use.

Want to know more? Click here for Free information on Email Disclaimer. Australian legal agreements and forms from http://legal123.com.au/.


View the original article here

Do You Need An Internet Bodyguard To Protect You From A Cyber Bully?

AppId is over the quota
AppId is over the quota

By now we have all heard of cyber bullies and cyber stalkers. These are the people that lurk in the shadows of the Internet and use their anonymity to lash out at innocent people. they will stalk, harass, and defame good honest people and their families. But if you have a cyber bullies are there also cyber bodyguards that can come to your defense?

The answer is yes! There are cyber investigators that specialize in locating and identifying trouble makers online. They do this by tracing the cyber bully's email address back to the sender to get a name and address on them. They can even take an anonymous post on Craigslist or Facebook and identify the author of that too.

Some of these online bodyguards will also consult with you on how to counter existing defamatory comments and blogs posts. They can show you how to neutralize the false negative information and emphasize the true positive information about you. This is accomplished through something called search engine optimization. A method used to manipulate the search engines to show positive information you on the top search engine results and force the false negative comments to lower search engine ranking places.

An Internet bodyguard will work in the same way that a real life body guard will work. They will assess the threat to you. Identify the persons making that threat. Remove you from the threatening situation, neutralize the persons making the threat. But an Internet bodyguard can also repair the damage the stalker has created by creating positive true Internet content about you.

The next step may be to help prepare a civil case to litigate against your stalker. A private investigator that specialized in cyber body guarding can also run a background check on the cyber bully. Determine their worth. Document all the offences and help your attorney prepare a case against them. It could just be for a restraining order or it may be to recover financial damages.

So while we may hear a lot about Internet Cyber bullies it's good to know there are good guys out there working hard to protect the victims of cyber stalkers. Not only to locate and identify the stalker but also repair the online damage and assist you in documenting and preparing litigation. A stalker my be able to hide but they can't run forever. They will be caught sooner or later.

Copyright (c) 2011 Opperman Investigations Inc

Ed Opperman is President of Opperman Investigations Inc.If you need help with a cyber stalking investigation visit http://www.emailrevealer.com/


View the original article here

What Is a Website Disclaimer and Why Would I Need One?

AppId is over the quota
AppId is over the quota

A website disclaimer is a method used to limit the liability of the owner of the website. Providing a disclaimer is an approach that can be used to ensure a website's information is not improperly relied upon. A clear example of this is where a disclaimer states that although the website endeavors to provide up-to-date information, the website makes no guarantee or warrantee that the information posted and contained on the website is always accurate and therefore should not be relied upon. If anyone is to rely on the website's information the site will not be held responsible for any loss or other result. A disclaimer will also state that information on the website may at any time, be changed or updated, without notice.

By providing this type of disclaimer, a website ensures that website visitors cannot sue based on any particular information on the site or reliance on the information on the website. Therefore, the website disclaimer is essentially, is a method used to limit the liability of the website owner as they cannot be in control of how the information on their site may be used or how that information may be interpreted. A disclaimer can be used on any company or business' website, and although most websites endeavor to have the correct and up-to-date information (as it is commercially desirable to do so), posting a disclaimer will protect the website in the event of any error.

Another important aspect of website disclaimers is when a website provides links to others sites or articles, there will be a disclaimer providing that the expression and content in these linked sites is not necessarily the views of that of website or company. An obvious example of this is a news site where authors post articles, in these instances it is very clear that the articles posted are the opinion of the authors (whom are separate from the news website) and a website disclaimer re-enforces this. A disclaimer tries to ensure that any type of representation or opinion may not be that of the site and also protects instances where the website provides a link to any other sites and their content. In most instances the website providing the link has no control over the content of the referenced site. As a result, it is essential to post a website disclaimer to protect your site from making any representations outside the scope of your control.

Want to know more? Click here for Free information on Website Disclaimer. Australian legal agreements and forms from http://legal123.com.au/.


View the original article here

Is a Website Privacy Policy and a Confidentiality Policy on a Website the Same Thing?

AppId is over the quota
AppId is over the quota

A website privacy policy and confidentiality policy are the same type of policy and the terms may be used interchangeably. These policies are required on most websites to comply with Australian laws.

The law outlines that anytime personal information is being collected online, any visitors to and users of the site, must be aware of what information is being collected, why and how it is being collected as well as how and where it is being stored. This may seem straightforward in many cases, but this measure is in place to attempt to prevent the misuse of information and to ensure a website user is fully aware that their information is being collected.

A privacy or confidentiality policy is normally found directly on a website or through a link to a dedicated page outlining this important policy. Essentially, it is recommended that every website have a privacy policy.

When entering information into a website, customers and visitors will want to be sure that they know exactly what this information will be used for and how it will be retained. Ensuring you have a privacy policy on your site assists this and gives confirmation to visitors that any information sent or given to a site will not be used for any unwanted or unknown purpose. Privacy policies must even go further than this and outline how data is stored, essentially forcing website owners to securely store personal information.

By owning or running a business website you need to be aware of the significance of misuse of personal information and your requirements as a website owner. It is quite apparent that this legislation is in place to prevent both the inadvertent and intentional misuse of information such selling email and other addresses which may be used to send spam mail to email addresses and also to ensure the safety and secured storage of information such as credit card details.

Implementing these policies is not a change from the typical practice of most websites. It can instead be interpreted as a codification of a websites current practice.

Generally, as both a safeguard and anytime information is received from a website visitor in any way, it can still be used for whatever purpose a website wishes, provided that the privacy policy first outlines what the purpose/s are in the policy on their site and, in some instances, gives the visitors the opportunity to 'opt out'. Users must have the option to review this policy when visiting the website and if they do not agree with it, they can choose not to use the site. This privacy policy option must be available prior to them giving any of their details and if they choose to opt out, the website owner cannot use any of their details.

When publishing any privacy policy, a website will need to ensure that they consider all the ways in which they gather and store information collected from a visitor to their site and outline its exact use. In many cases this collection will be very obvious but in other instances, it may be less direct. However collected, a website privacy policy needs to be written, clear and easily available to website visitors to ensure compliance with Australian legislation.

Want to know more? Click here for Free information on Website Privacy. Australian legal agreements and forms from http://legal123.com.au/.


View the original article here

Do I Require Both a Website Disclaimer and Terms and Conditions on My Website?

AppId is over the quota
AppId is over the quota

Websites that give some type of advice or provide goods or services should have both a website disclaimer and terms and conditions on their website.

A website disclaimer is necessary to ensure a site's information is not improperly relied upon and can protect the owner from various claims by visitors and customers to the website.

One difference between the two is that the website disclaimer whilst used more frequently, is less protection whereas website terms and conditions are more specific and normally include a disclaimer as part of the terms.

As such, if a website has terms and conditions, there is no need to also include a disclaimer as in most instances, the website terms and conditions will normally include disclaimer information. However, for added protection and, in particular, if you are concerned about your liability due to the type of goods or services you may be providing or even just to ensure you are additionally protected, you may wish to include the website disclaimer in addition to your terms and conditions of use from a risk management perspective.

Some websites will require a visitor to the site to accept a disclaimer or terms in order to access the site. For example, if a website is in the business of selling alcohol by email order, before entering the website, a visitor may need to verify their age and by doing so, accept either a disclaimer of liability or certain terms and conditions of the website in order to access it and place any order or purchase.

Other common instances where terms and conditions may be used as a requirement to purchase is when entering a website to purchase a product or service, a customer may be first required to accept the terms and conditions by entering information or clicking a button prior to purchasing the service or any product.

A website disclaimer is used more frequently, and generally should be included on all websites as a minimum requirement for anyone setting up a website, particularly with an online business. A disclaimer will generally state that a website will endeavor to ensure all of the information is updated and correct, however, if a person relies on the information and suffers loss as a result, the site will not be liable for any unanticipated or unforeseen loss, or, alternatively, the disclaimer may state that use of the website and reliance on the information on the website is done at the visitor's own risk.

The website disclaimer is a recommended inclusion for any website, irrespective of the business, as information changes regularly and even the most diligent websites may not update this information immediately as it becomes available. Therefore by including a disclaimer, and as there is no way of controlling when or who accesses the information, a website owner will gain some protection from foreseeable and unforeseeable liability of those relying on the site's information. This does not mean you can post whatever you like on your website-there are laws which you must abide by with respect to such things as defamation, false and misleading information and many consumer protection laws to consider.

In summary, each individual website will need to determine site inclusions that are most appropriate to their website, products and circumstances to minimize their risks. Essentially, the rule of thumb is that, at minimum, there should be a disclaimer on all sites and for any site providing and selling products, services or advice there should additionally be terms and conditions relating specifically to what that site is providing.

Want to know more? Click here for Free information on Website Disclaimer. Australian legal agreements and forms from http://legal123.com.au/.


View the original article here

Cyber Law and Privacy - Is The Game Going to Change Once Again?

AppId is over the quota
AppId is over the quota

On your personal computer are many things, private things, and things which are no one else's business. Bank account numbers, private emails, and all sorts of things. Likewise, when you go online to search various things - that's your business, perhaps you are planning on going to a movie, out to dinner, or shopping for a gift. It's really none of anyone else's business. Unfortunately, authorities would have you believe that it is their business.

Well, that's a scary thought really, especially in the wake of the tabloid scandal listening in on voice mails of the families of murder victims in England. Let's discuss all this for a moment shall we?

There was an interesting article on SlashDot (News for Geeks Recently) titled "Law Enforcement Still Wants Mandatory ISP Log Retention" posted by Soulskill on July 12, 2011 who cites Schwit1 from CNET, which stated;

"Law enforcement representatives are planning to endorse a proposed federal law that would require ISPs to store logs about their customers for 18-months, and a board member of the National Sheriffs' Association says ISPs do not store customer records long enough. 'The limited data retention time and lack of uniformity among retention from company to company significantly hinders law enforcement's ability to identify predators when they come across child pornography'. They want any stored logs available to be used to prosecute any type of crime."

Okay so, I want to collect and prosecute the bad guys and evil-doers as much as anyone else. I have no use for drug dealers, child molesters, murderers, or anyone else that would create heinous crimes against humanity for that matter. However, I also know that in our Constitution our personal belongings are not to be searched or seized without our permission. And no government official, or police are allowed to enter your home and look at your personal belongings, personal journal, or anything else that you own.

So then, why is it okay to command ISPs, and cloud computing companies to save data and information that is personal, even when you've deleted it, or don't wish that information to be collected? Yes, I don't doubt that it could help solve crimes, and it would be nice to solve crimes, I really believe that. But certainly not at the expense of personal freedom, this is the United States of America still. And if the National Sheriff's Association is able to lobby such a law into existence, one could ask exactly how they are helping the American people or protecting them?

After all, The National Sheriff's Association is supposed to be protecting people, and protecting their rights, and they are even swear to uphold the law and constitution, so may I ask why they are lobbying to take away rights from citizens and go against the law of the land? I find this fascinating. I also find it quite troubling, and if you love freedom and liberty you to understand. Indeed I hope you will please consider all this and think on it.

Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank. Lance Winslow believes writing 24,000 articles by July 24, 2011 is going to be difficult because all the letters on his keyboard are now worn off now..


View the original article here

Computer Fraud and Abuse Act Update

AppId is over the quota
AppId is over the quota

The federal Computer Fraud and Abuse Act (CFAA) is most closely associated with criminal prosecutions brought by the Department of Justice. But the CFAA also provides for a civil cause of action for anyone who suffers damage or loss because of a violation of the statute. In light of the expansive reading that some courts have given to the law, victimized companies should give consideration to taking the civil route. A civil lawsuit gives the wronged party more control and may provide a quicker fix. By means of such a lawsuit, the victim can retrieve stolen data, enjoin illegal access to data, and even get compensatory damages for the theft and destruction of data.

The CFAA applies to all companies and all computers that are connected to the Internet. Potentially, there are multiple, distinct types of violation of the statute that could support a civil action. On a recurring issue in such cases- whether the defendant had authorization for his actions; the courts look at several factors:

-whether the defendant was an agent of the plaintiff's, with particular powers;

-whether an employment contract, such as may have been embodied in company rules and policies, was breached; and

-whether the defendant's use of the computer exceeded normal use that was expected by the plaintiff.

In recent court decisions, a real estate business was allowed to proceed with a civil action against a former employee for violations of the CFAA. In violation of his employment contract, the employee decided to quit and start a competing business. Before he returned the company's laptop, he deleted all of the data in it, including data that would have revealed his misconduct. Knowing that "deleted" filed can be retrieved, he erased the incriminating data by loading into the laptop a secure erasure program.

All of this, if proven in court, violated the CFAA as "transmission" of a program that damaged the computer (defined to include files in the computer), and as intentionally accessing the computer without authorization. Although the employee had not yet left his job when he installed the program, by law any authorization he might have had evaporated as soon as he violated the duty of loyalty to his employer.

In another case brought under the CFAA, a tour company secured an injunction against a competing company run by one of its former employees. The ex employee improperly used confidential information from his former employer to enable his new company to glean pricing data from his former employer's website, so that his new enterprise could effectively undercut those prices.

Although the website was open to anyone, the unauthorized use of the confidential information, combined with the use of a "scraper" software program, violated the CFAA. On top of the injunction, the plaintiff could recover, as compensable "loss" under the CFAA, the thousands of dollars it had paid in computer consultant fees for the diagnostic work after the defendant's conduct was discovered.

Copyright (c) 2011 Scott Carlyon

Scott Carlyon founded The Law Office of R. Scott Carlyon, P.C. in 1992. The firm has served its clients primarily in the areas of Real Estate Law, Estate Planning, Wealth Preservation, Probate, Businesses Law, and Litigation related to these areas of law; practicing in the state and federal courts of Bexar County, Tx. Learn more at http://www.businesslegalcounselor.com/


View the original article here