Normally, Internet messages are sent through a vast system of routers and servers. Some Internet communications travel across the country, even when the e-mail sender and recipient are in the same building. At various points along this path, e-mail messages are stored, digital e-mail identifications logged, and the contents of private conversations and business transactions can be retrieved, read, and abused. In addition, e-mail messages are habitually logged and may even be stored on backup tapes that are kept for years.
The government has an active lawful e-mail reading program in place. Section 215 of the Patriot Act relieves certain government agencies from the requirement of obtaining a warrant to read the public’s e-mail. Carnivore, the information-gathering software created by the FBI to combat criminals who use the Internet, is now being used to read public e-mail. Carnivore is housed in a computer that connects to an Internet Service Provider’s servers and mines all incoming and outgoing mail for information. The use of an attachment and appropriate notice is likely to require additional government action to lawfully read it. This in turn will provide additional protection for attorney Internet communications.
For additional protection, law firms can password protect attachments. Those firms that use Microsoft word need only follow this procedure:
Open the file. On the Tools menu, click Options, and then click Security. In the Password to open box, type a password, and then click OK. In the Re-enter password to open box, type the password again, and then click OK.
This series of steps will create a password, which the recipient would need to open the attachment. This sort of protection is typical of the protection afforded to laws firms that have word processing security options available to them.
Bick is of counsel to WolfBlock Brach Eichler of Roseland and is an adjunct professor of Internet law at Pace Law School and Rutgers Law School. He is also the author of 101 Things You Need To Know About Internet Law (Random House 2000).
