Mining for Embedded Data: Is it Ethical to Take Intentional Advantage of Other People's Failures?

Hricik, David C.

Mining for Embedded Data: Is it Ethical to Take Intentional Advantage of Other People's Failures?

North Carolina Journal of Law and Technology, Vol. 8, No. 2, Spring 2007

18 Pages Posted: 4 Jun 2007

See all articles by David C. Hricik

David C. Hricik

Mercer University - Walter F. George School of Law

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.

Keywords: metadata, inadvertent transmission, inadvertent receipt, 06-442, 92-368, privilege waiver

JEL Classification: K40, K4

Suggested Citation: Suggested Citation

Hricik, David C., Mining for Embedded Data: Is it Ethical to Take Intentional Advantage of Other People's Failures?. North Carolina Journal of Law and Technology, Vol. 8, No. 2, Spring 2007, Available at SSRN: https://ssrn.com/abstract=990868