This article explores the curious diminishment of implied confidentiality and proposes a revitalization of the concept based on a thorough analysis of its former, offline life. This article demonstrates that courts regularly consider numerous factors in deciding claims for implied confidentiality; they have simply failed to organize or canonize them. To that end, this article proposes a unifying and technology-neutral decision-making framework to help courts ascertain the two most common and important traditional judicial considerations in implied obligations of confidentiality – party perception and party inequality. This framework is offered to demonstrate that the Internet need not spell the end of implied agreements and relationships of trust." Read more
Tuesday, August 28, 2012
The Life, Death, and Revival of Implied Confidentiality
This article explores the curious diminishment of implied confidentiality and proposes a revitalization of the concept based on a thorough analysis of its former, offline life. This article demonstrates that courts regularly consider numerous factors in deciding claims for implied confidentiality; they have simply failed to organize or canonize them. To that end, this article proposes a unifying and technology-neutral decision-making framework to help courts ascertain the two most common and important traditional judicial considerations in implied obligations of confidentiality – party perception and party inequality. This framework is offered to demonstrate that the Internet need not spell the end of implied agreements and relationships of trust." Read more
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privacy,
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social media