Not only that, but Ken responded to the original idiotic comment posted by the Libertarian about 20 minutes after it was posted with his own comment apparently outing the Libertarian — prior to the presumably subsequent email exchange. But then, technically at that point he hadn’t published the guy’s email address, which is all that the written promise promised. Ken was definitely wrong there. I could sort of understand psychologically having that email exchange where the guy apparently didn’t give a shit that he’d been identified and then forgetting that you’ve got that “will not be published” promise in the space where commenters are required to put their email address in order to comment. Still, definitely wrong.

Here’s the only post where I’ve published an email: http://www.peoplevstate.com/?p=487

Scott Greenfield and I haven’t always seen eye to eye. And I’m pretty sure I’ve seen Scott publish emails people have sent him in order to trash them. That’s why I felt free to do it in this instance.

BTW, thanks for calling my attention to Salty Droid. I’ve subscribed.

But you made a point which is interesting to me about with someone emailing you, and you publishing the email. (Note: I’m using I/you for the sake of simplicity; I’m not implying you would ever out someone for a trivial reason.)

In the final analysis, I’m not sure what the law is on that. I’ve even heard the emailer can claim copyright protection, and that does make sense in a pedantic way, but also seems a stretch in the grand scheme of things. Generally I would say, when you start emailing someone or writing them letters or calling them, you’re communicating to them, and don’t have an expectation of privacy. Not unless you’ve agreed on that.

But that’s the rub. When you have previously agreed on that (by way of example, here), then does you emailing me and me replying negate the confidentiality you previously promised (which may not be legally binding, but should be morally)? I’d have to say it doesn’t — not unless I expressly agreed to that — as expressly as your original promise. I shouldn’t have to reassert the confidentiality expectation I was given by you with every communication, particularly one you initiated and I quite naturally, probably unthinkingly, replied to.

It would be a strange world if lawyer-client privilege, priest-penitent confidentiality, employer-employee trade secret protection and personal privacy, or simply confidentiality-agreed-upon-through-contract-law (one person makes a promise not to publish an email address and the other, with that understanding, leaves them a comment adding content to their website) is void, disappears — poof! — the moment there is some additional communication between the parties.

“Of course I published my patient’s name and condition, medical licensing authority peops. You should have seen the stuff he said about me in that letter, the one I got after I Direct Messaged him on Twitter that he’s a hypochondriac!”

Have a good one.

Indeed. I suspect his silence is because he has no excuse. I am inclined to think he wasn’t really thinking when he did this but you would think this is something he would think about before doing. I have published here emails sent to me before (actually I think I have done that only once) but in that situation there was no similar written promise of confidentiality and the person I did that to had done the same to others and I didn’t publish the email address.

A man once wrote this:

“Everyone makes mistakes. Everyone makes errors of judgment.

“In most cases, we apologize, fix our mistake, and move on. Since we’re all fallible, folks tend to forgive and forget — or at least tolerate — the occasional error.”

Link here; note author:

http://www.popehat.com/2012/03/12/berkeley-police-chief-chief-michael-meehan-resign-or-be-fired/

I’m cool with the second sentence in that paragraph. I do, however, like to see the first sentence come to pass before that.

Sorry I didn’t notice your comments in the que till now. I would have approved them earlier. You’ve convinced me you’re not the Salty Droid, though the double colons had me wondering. I thought your takedown of Ken was pretty classic too. Not sure what or whether he was thinking when he did that. I am still inclined to give him the benefit of the doubt.

So if you choose not to publish the above comment here, I won’t be in the slightest offended.

I wish you a good night.

C