Security Basics mailing list archives

RE: Internet E-mail monitoring/approval


From: Ben Schorr <bms () hawaiilawyer com>
Date: Thu, 10 Apr 2003 13:54:32 -1000

My 2 cents ...
1. The basics of Law, Ethics and Investigation says, Never do 
anything that is unknown to user. Monitoring email activity 
without user knowledge is illegal and your company can be 
sued for billions of dollars.

Actually that's not necessarily true.  It depends largely upon what your
employee handbook and privacy agreements say.  If they explicitly state that
the e-mail system is company property and may be subject to monitoring
then...it might not be illegal.  It's assumed, in many cases, that if the
employee has been notified that their e-mail is company property and may be
monitored that any monitoring that may occur, even months later, is not
without their knowledge.

Best for Ted to consult with an attorney licensed to practice employment law
in his state.  Assuming he's in the USA.

-Ben-
Ben M. Schorr, MVP-Outlook, CNA, MCPx3
Director of Information Services
Damon Key Leong Kupchak Hastert
http://www.hawaiilawyer.com

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