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What does the term "Reasonable Safeguard" mean? PDF Print E-mail
Question: What does the term "Reasonable Safeguard" mean? Isn't it so subjective as to be unenforceable?

Answer: "Reasonable Safeguard" is definitely not subjective. It is actually a "term of art" with a clear, legal definition. Something is a "reasonable safeguard" only if it meets three tests:
(a) it must be measureable by objective means;
(b) it must conform to existing and accepted standards maintained by recognized standard setting organizations;
(c) it must be an "accepted best practice."
With this legal definition in mind, it is completely practical to enforce and protect speech privacy provisions by reference to such existing ANSI and ASTM standards as ANS T.1-523-2001, ASTM E1130, and others.
 
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