Legal Nature of Emails: A Comparative Perspective

29 Pages Posted: 7 Mar 2016

Date Written: February 21, 2016

Abstract

There is currently a conflict between laws and the market in their treatment of email. Laws mandate that emails are not protected as property unless copyrightable or protected by another legal mechanism. But the market suggests that emails are user-owned property without further qualification. Moreover, the nature of email is treated slightly differently between the U.S. and U.K. legal regimes. While the current legal regimes applicable to email in the U.K. and U.S. are reasonable, legal harmonization within these systems, and with the service provider market, should be achieved.

Keywords: emails, Information as Property, Internet law, United Kingdom

Suggested Citation

Harbinja, Edina, Legal Nature of Emails: A Comparative Perspective (February 21, 2016). Duke Law & Technology Review, No. 27, 2016, Available at SSRN: https://ssrn.com/abstract=2742231 or http://dx.doi.org/10.2139/ssrn.2742231

Edina Harbinja (Contact Author)

Aston University ( email )

United Kingdom

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