期刊名称：Journal of International Commercial Law and Technology
印刷版ISSN：1901-8401
出版年度：2009
卷号：2
期号：2
页码：94-104
语种：English
出版社：International Association of IT Lawyers
摘要：Ethical and evidentiary rules governing the disclosure of confidential information are interrelated in many respects. Nevertheless, these rules are generally developed independently through different legal channels. Different approaches to the inadvertent disclosure of confidential information have emerged, leading to uncertain results in different jurisdictions. Uncertainty persists with regard to metadata available from electronic document formats. This paper explores the tension between the competing approaches this emerging problem. It argues that ethical and evidentiary principles addressing the protection and discovery of metadata should be coordinated in order to avoid creating incentives to maximize litigation costs.
