Is there any way for the user to determine the exact policies that have been implemented? What if the user ditches BIS and uses something like Logic Mail's IMAP client for Blackberry?

Turning to the privilege issue, there were some recent changes to the federal rules that negated some of the more draconian aspects of the privilege waiver doctrine (particularly in inadvertent disclosure cases). Unfortunately, it may be another five years before most states get on board.

I've been concerned for a long time that policies that gave third parties access to privileged communication could be deemed a waiver of privilege under some of the harsher applications of the waiver doctrine. The new revisions go a long way to address this problem, but there are still some very large holes.