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To: Arcane Lore who wrote (24815)3/16/2000 12:49:00 PM
From: Janice Shell  Respond to of 26163
 
Thank you, Arcane! I'll pass it along to iii_john, who I'm sure will be grateful.



To: Arcane Lore who wrote (24815)3/24/2000 9:00:00 AM
From: Arcane Lore  Read Replies (2) | Respond to of 26163
 
Judge allows delivery of subpoenas by e-mail

By Ted Bridis, Associated Press, 3/24/2000 02:37

WASHINGTON (AP) That familiar e-mail greeting may start showing up with a novel twist: 'You've got a subpoena!'

Dozens of electronic messages racing across the Internet this week carried what's believed to be an unprecedented payload a subpoena and other documents approved by a judge warning that the recipient's Web site may be violating a federal court order.

Supporters applaud the idea, saying it allows attorneys to respond in accelerated 'Internet time' to new issues of law and technology. Critics say it's unworkable because e-mail can be falsified or forged so easily. And unlike with human delivery, it can be nearly impossible to verify that an e-mail subpoena was served successfully.

[...]

Among those who received the e-mail was Declan McCullagh, a Washington-based journalist for Wired who also manages an Internet discussion list about technology policy issues, where Microsystems' actions were roundly condemned.

McCullagh published on his personal Web site archived messages about the controversy. He criticized Schwartz's e-mails as 'subpoena spam' and 'a shotgun approach to discovery.'

'Obviously, the Internet makes it easier to distribute this stuff, so it makes sense that lawyers are responding to Internet problems with Internet solutions, but in this case they've gone too far,' McCullagh said. 'E-mail is easy to forge,' he added. 'I can't even be certain it really did come from a real lawyer.'

Schwartz said the judge's permission was crucial, as it granted him the ability to send subpoenas as quickly as new mirror sites were published on the Internet.

'It provides a medium to serve the court's order at Internet speed as opposed to snail mail or even worse, by courier,' Schwartz said.

EDITOR'S NOTE Ted Bridis covers technology for The Associated Press.
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The full article is at:
boston.com