Do You Own Your Email?
By Rich Menga on Feb 27, 2009 in Editorials | comments(4)
A topic that’s remained hot ever since people started sending emails is the question of who owns what.
Some questions about content ownership can be definitively answers while others are still unanswerable.
Here’s some of the more hotter questions and their answers.
Q: If my mail is stored on a third-party server (i.e. the internet), do I still own it?
A: Yes.
Google does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Gmail account.
Microsoft (Hotmail/Live) states:
..we do not claim ownership of the materials you post or provide on the service.
It doesn’t get any more cut-and-dry than that. What’s yours is yours.
Any respectable email provider will also follow suit in their terms of use for the service.
Q: If an email has a "this is a protected communication and may not be shared, etc." in the signature, what does that really mean?
A: Corporations of all sizes love putting those nastygrams at the tail of every email sent from within the company. It is in fact true – but only to a point.
Under the Electronic Communications Privacy Act in the United States, emails are granted protective status for 180 days. After that point they lose that status. That’s where the "protected" part of the notice comes from.
The rest of the notice can be completely ignored. You can forward the email anywhere you want. You can post it on a web site or blog. You can basically do whatever you wish. The big nasty "don’t share this" crapola is not a requirement but rather a request to keep it private. And it is solely up to you whether to honor that or not.
Email signatures of this type are purposely written to make it appear as if the sender (the corp) owns it outright and that you can’t do a darn thing with it. Wrong. You can reply/forward/whatever. You’ve been "granted" the right the moment it lands in your inbox.
Q: Can a copyright claim be made solely from email and nothing else concerning who owns email content?
A: Tough to answer.
There are those who say that yes, anyone who sends a private email to you has absolute ownership of the content therein.
However there’s no such thing as a "private" email. It doesn’t exist; therefore no copyright exists.
But then there are those who say, "Well, my timestamp on the original email proves I wrote it originally." Not exactly. There is no way to prove you specifically wrote it. Someone else could have written the email and sent it thru your account on your behalf.
The argument after that is, "Well then, check my IP of the originating email! It’s from me!" Again, wrong. Someone else could have been using your IP at the time and there’s no way to prove otherwise.
You can quickly see how this can turn into a hot argument.
Basically put, if it’s not on physical record – meaning on paper and filed with the Library of Congress (usually from a Form TX) – the claim holds no validity whatsoever.
There are those who would vehemently disagree with me on that point and that’s okay. As time goes on, the lines between how much weight an electronic record has versus a physical record are becoming increasingly blurred.
My personal perspective is that if there’s any sort of content that I value and don’t want shared/stolen/whatever, I don’t email it, period. This is the standard advice I give anyone concerning protecting their own personal written works.
What do you think?
Do you truly believe you own everything in your inbox, or does someone else? Do you think you could "hold" a copyright claim solely from electronic messages only?
Let us know your thoughts on it.

Although I know this is being echoed all over the internet I couldn’t resist writing about this one. The upcoming release of Internet Explorer 8 (now in Beta 2) has a privacy feature that the internet populous instantly dubbed “
