On Tue, 31 Jul 2001 mmotyka@lsil.com wrote:
There are a fairly small set of states to be accounted for : 1) unaware that the information could become the object of a court action 2) aware that the information could become the object of a court action 3) aware that the information was in fact the object of a court action
Now my sense of right and wrong says states 1) and 2) are equivalent and that only state 3), awareness of a subpoena, is potentially relevant but our relevant pro bono guy says not.
Actually I'd say 2 and 3 are equivalent from the perspective of a court, you had reason to suspect (and in the case of 'know' it was simply stronger).
BTW - it will be interesting to actually find out detailed facts in the case of this TX reporter. I'm sure Jim will graciously forward a link.
If'n I run across any...;) -- ____________________________________________________________________ Nature and Nature's laws lay hid in night: God said, "Let Tesla be", and all was light. B.A. Behrend The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------