January 3rd, 2007

When a Silicon Valley law firm dies, where do its records go?

Anne Broache, CNET

A prominent law firm that represented scores of Silicon Valley start-ups and venture capital firms in its heyday may have dissolved amid financial troubles a few years ago. But its records are poised to live on in digital form for years to come--and some former clients are raising questions about privacy implications...

Even so, requiring former clients to "opt out" rather than "opt in" doesn't seem quite right, said David Sobel, a senior counsel with the Electronic Frontier Foundation. "A law firm's clients don't expect that their sensitive files will be made available to third-parties in this way, so they should not be given the burden of protecting their interests," he said in an e-mail interview.

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