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Re: PCA Policies

1993-08-19 15:24:00
Bob, 

        You shouldn't depend on your disclaimer to protect you.  These things 
have a 
        nasty way of being voided by other language or acts.  Please take 
        note of the extensive case law regarding disclaimers.  
        
        I think that you will find that if the text of the message explicitly 
rejected the
        disclaimer in the DN that the disclaimer will be severely weakened or 
voided.
        This is because the disclaimer is not part of the identity of the 
person making
        the disclaimer and because they do not make the disclaimer.  Someone 
else
        made the disclaimer for them.  This is true for disclaimers in policies 
as well.

        I must state that I think this issue has been poorly researched.  Can 
we have
        a legal opinion as to the strength of disclaimers in general and some 
examples 
        of how and when disclaimers have been weakened or voided ?  Can we have 
        an opinion as to the strength of a disclaimer presented as part of a DN 
?,
        as part of a PCA policy ?

        Until I know more, I will not rely on any technical solution to protect 
me.

John

BTW:  This means that I think that if you send me a content authorizing me to 
do work
and bill GTE, and you have a DN with a disclaimer releasing GTE from your 
statements
or offers, but you have a certificate issued to you by GTE, that I could 
recover from GTE.
It also means that if GTE has policy with a disclaimer regarding actions of 
their eimployees
that I could still recover.with an appropriate content and a strong apparent 
relationship
to GTE implied in your DN.


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