On 01/16/2013 12:08 AM, Tom Marble wrote:
On 01/15/2013 08:20 PM, Richard Fontana wrote:
> I am thinking of adding "private email discussions" (or rewording this
> plank of the Rule to clearly cover such discussions).
I wonder if there is an opportunity for interpretation with
HBR where the spirit is taken into account? Specifically if
there is a "space" between people to effectively "talk out loud"
as in a private office (yet electronically)? Would that be
acceptable if any *substantive* discussions are subsequently cured?
Yes, if I understand you correctly; this seems to describe a number of
the (hopefully all cured) in-person or telephonic conversations I have
had with bkuhn. The same principle should apply to electronic
communications such as email or IRC privmsg. I hadn't looked at it
this way before, but HBR creates a kind of safe harbor for private
"talk out loud" communications provided that the "substantive"
portion
of it is disclosed. Maybe it's wrong to think of this as "curing a
violation". The violation only exists if there is no disclosure of the
substantive part.
I may have misunderstood what you meant though, perhaps because I
haven't yet had a chance to read Stephen's FCC references.
- RF