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If an email I received mentions that copying or forwarding the email is forbidden, can I still legally do so?

For example, here is a typical disclaimer some of the emails I received contain:

If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is STRICTLY PROHIBITED.

Is that prohibition legally enforceable in the United States?

If state-specific, I am mostly interested in the case where I am located in California, New York or Massachusetts.

Franck Dernoncourt
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1 Answers1

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The purpose of this disclaimer is to inform you that you have received the message in confidence. Disclosing a confidence is a tort snd you can be successfully sued (AFAIK in all common law jurisdictions).

However, while being aware (either by being explicitly told as here or by implication) the information is confidential is a necessary condition, it is not a sufficient condition - the actual contents of the email must actually be confidential, that is, not public knowledge and with distribution reasonably controlled.

Additionally, there are copyright considerations - an email is someone's copyright and by telling you you can't forward it (which would, of necessity, make a copy, unless you deleted your copy at the same time) they are protecting their copyright.

Dale M
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