Computers/ Technology/ IP Law -  Employers can snoop on employees (1358 views) Notify me whenever anyone posts in this discussion.Subscribe
From: Glen (GEAATL) DelphiPlus Member Icon10/11/99 7:34 PM 
To: All  (1 of 103) 
California Governor Gray Davis has vetoed legislation which would have required companies to tell their workers before monitoring their e-mail.

He said the bill infringed on employer rights. Davis said
snooping on e-mail is the same as a company limiting personal long-distance phone calls, or monitoring calls. Davis said businesses can be sued if their employees used computers to harass someone.

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From: GAYLES DelphiPlus Member Icon10/11/99 7:59 PM 
To: Glen (GEAATL) DelphiPlus Member Icon  (2 of 103) 
 13028.2 in reply to 13028.1 
Hey, if you are using a computer at work for personal Email, you are doing so on company time, with company equipment. Most employees have been made quite aware that their mail can be read at any time by selected people (those in charge of the network). I was told this from the outset.

Hence, if they don't want their Email to be read, they should use their own computers. If they don't have their own, there are plenty of other places where they CAN sign up (libraries, for instance) for free E-mail.

who has Email at work but it's separate from Delphi mail, which is my personal mail (and not even sent to me at work).

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From: Sher_Riley (SHERRILEY) DelphiPlus Member Icon10/11/99 8:54 PM 
To: Glen (GEAATL) DelphiPlus Member Icon  (3 of 103) 
 13028.3 in reply to 13028.1 
All of my employees have personal email accounts and Firm email accounts.
They can come into the office anytime to access their personal email. But, they can't clock in to do it!

Their Firm email accounts are available to me (only) because out of state clients respond to questions that way. What if the employee breaks an ankle? That happened once but the client, in PA, never had to know because I assigned the account to someone else and we carried on!

Granted, most employees don't go into the office to hang out. Mine do.

I agree with the Gov.


From: Glen (GEAATL) DelphiPlus Member Icon10/11/99 8:56 PM 
To: GAYLES DelphiPlus Member Icon  (4 of 103) 
 13028.4 in reply to 13028.2 
I'm in agreement with you that if you use someone else's computer on time
they pay you for they own the time (and access).

There are advantages to being self employed :)

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From: Glen (GEAATL) DelphiPlus Member Icon10/12/99 2:14 PM 
To: Sher_Riley (SHERRILEY) DelphiPlus Member Icon  (5 of 103) 
 13028.5 in reply to 13028.3 
WSB-AM radio today reported on a study that shows that 20% of
employers routinely (yes ROUTINELY) access employee e-mail,
and that it is projected that number will grow to 80% by 2001.

Many employers also now monitor the employees keystrokes -
in other words what they type and where they access.

Some new software allows an employer to even know ANY email
accessed at work, even personal accounts.

In other words, personal email at work is dangerous. There
is software that actually captures actual keystrokes, so they
also know what else you type.

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From: Sher_Riley (SHERRILEY) DelphiPlus Member Icon10/12/99 10:48 PM 
To: Glen (GEAATL) DelphiPlus Member Icon  (6 of 103) 
 13028.6 in reply to 13028.5 
That is a reprehensible violation of privacy in my opinion. I know that in a larger workplace it's harder to earn the loyalty of employees and the employer has a right to make sure they are actually wor. . .

To hell with that. If I can't trust an employee - they don't work for me for long. In this office, we even hire as a team. Hope I NEVER get so large I have to treat an employee in that fashion. It would be demeaning to both of us.

Strikes me as right up there with drug testing. I have no interest in my employees' personal lives past the point they want to involve me.

Guess I must sound naive, huh?


From: Glen (GEAATL) DelphiPlus Member Icon10/13/99 12:09 AM 
To: Sher_Riley (SHERRILEY) DelphiPlus Member Icon  (7 of 103) 
 13028.7 in reply to 13028.6 
I would never work for an employer that distrusted me that much.

It is legal. That doesn't make it right.

Glen - Mgr: Law -Canadalaw
South Forum - Rainbow


From: Glen (GEAATL) DelphiPlus Member Icon10/13/99 12:22 AM 
To: GAYLES DelphiPlus Member Icon  (8 of 103) 
 13028.8 in reply to 13028.2 
I do agree with you that people shouldn't do personal email
on an employers time and machine.

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From: Glen (GEAATL) DelphiPlus Member Icon7/20/00 7:10 PM 
To: GAYLES DelphiPlus Member Icon unread  (9 of 103) 
 13028.9 in reply to 13028.2 
ACLU Applauds Bipartisan Legislation
To Protect Employees' Privacy
Thursday, July 20, 2000

WASHINGTON -- The American Civil Liberties Union today welcomed introduction of a bill that would ensure employees are notified if their employer monitors their phone calls and emails and urged Congress to adopt the legislation before adjourning.

"Right now businesses are generally allowed to listen in on their employees' phone calls and rifle through their emails with out the employees' knowledge," said Gregory T. Nojeim, an ACLU legislative counsel. "Even the best employee must occasionally make a personal call while at work. It is only fair that people are warned if they are being monitored."

Senator Charles Schumer (D-NY) and Representatives Charles Canady (R-FL) and Bob Barr (R-GA) held a joint news conference today to unveil the "The Notice of Electronic Monitoring Act," which would require employers to notify employees about whether, when and how they monitor employee e-mail, computer and Internet usage and phone calls.

"The vast majority of Americans are not even granted the common courtesy of notice if their employer eavesdrops," Nojeim said. (The ACLU is only aware of one state - Connecticut - that requires employers to give notice.)

The bill would only require that employers provide annual notice of monitoring - it does not give employees the right to block monitoring. Employers who violate the law would be subject to paying damages, which the bill limits to $20,000 per employee and $500,000 per incident.

To protect employers' interests, the bill allows for monitoring without notice if the employer has a reasonable belief that the employee is violating the legal rights of the employer or another person and is causing significant harm.

"This legislation is a modest proposal that would simply provide employees with the ability to maintain their dignity," Nojeim said.


From: Glen (GEAATL) DelphiPlus Member Icon7/28/00 1:49 AM 
To: GAYLES DelphiPlus Member Icon unread  (10 of 103) 
 13028.10 in reply to 13028.2 
From AP:

"An investigation by The Dow Chemical Co. of employee e-mail found that people at all levels of the plastics and chemicals manufacturer had sent pornography and violent images from company computers, leading to the firing of 50 workers and the disciplining of 200 others."



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