f/k/a archives . . . real opinions & real haiku

January 5, 2006

winter fog — and (L)Userland

Filed under: pre-06-2006 — David Giacalone @ 2:05 pm

Apologies: We’ve been having a lot of problems accessing

our webserver over the past fortnight, making it very difficult

for us to post, respond, or even see this weblog.   Software 

from the folks at Userland/Manilla keeps identifying us as

potential Spammers — and Userland won’t help the Harvard

webserver fix the problem!   If you know the f/k/a Gang, you

know this is causing major agita.


Now that you’re here, please browse: Besides this homepage,

we suggest our Recent posting, our Guest Poet and dagosan

archives, and our reaction to being chosen “Creative Law Blog


                 winter fog

                     everyone crowds around

                             the mime




snow pile 



                winter fog

                    i stub my toe

                      on the snowman





                        winter fog

                            even the snowman

                                   requires a disguise





wind chill zero

outside the high school

not one jacket zipped





erasingS  Metadata Meshugass:  The Florida Bar Board of Governors

doesn’t like metadata — the hidden data you generate whenever you use

a document program like Word or WordPerfect, including all the changes

you have made in a document (see. IL Trial Practice Weblog and linked

materials; via Legal Underground)  At their meeting in December, the

Board announced its “sense” that mining that information from your

oppoent’s documents is unethical.  The Board therefore submitted two

questions to the Professional Ethics Committee of the Florida Bar:

The first is whether it is unethical for a lawyer to mine metadata

from an electronic document he or she receives from another party.

The second is whether an attorney has an affirmative duty to take

reasonable precautions to ensure that sensitive metadata is removed

from an electronic document before it is transmitted.

Although we have often derided the FBA (e.g., here and here), they might just

have a point. As Prof. Yabut commented over at Legal Underground: a) it does

sound unethical for lawyers to be peeking into their opponents’ e-waste-baskets

merely because they have the technological ability to do so; and b) lawyers do

owe it to their clients to take measures to prevent such spying to the extent

possible.  Some tech-savvy lawyers might think they are providing cutting edge

legal services by mining metadata.  It seems to me they are cutting ethical corners

and that definitive statements from Professional Reseponsibility Committees on

this topic would indeed be helpful would be helpful. [update: David Hricik at Legal

Ethics Forum agrees, Jan. 16, 2006.]




tiny check  Where does john-e-come-lately weblogger The

Wall Street Journal get off giving its new law-oriented

weblog the generic name Law Blog?  Next thing you

know, they’ll be trying to trademark the name.  So far,

there seems to be very little content that would be of

interest to those (like myself) who are indifferent to the

action on Wall Street and in Wall Street law firms.   If

and when I refer to this new weblog, it will be as WSJLawBlog.


erasingSF   Talk about mountains out of molehills and hyper-critical, ivory-

towered academics, check out this post by Prof. Bainbridge.  (“Media Bias?

NYT Headline Refuted by Own Story,”  Jan. 5, 2006).  I’ve said it before:  when

it’s one of his pet peeves, Prof. B. loses all sense of objectivity or proportion. 





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