RE: Internet E-mail monitoring/approval

[Gregory Kane <gregory.kane () us army mil>]

Well what I was speaking to is what is found in many organizations
today. No clear cut policy. Without a written policy stating that the
company will monitor, and a copy of that policy signed by the employee,
then there is trouble. If our intent is to establish a written policy,
have it scrubbed by legal, next have the employee(s) sign, then there is
bases. Arbitrary review of email with no written consent by the employee
leads to court. The written consent to monitor is the employee's
signature on the policy. What the law stipulates is the "reasonable
assurance as to the expectancy of privacy". We can sign that expectancy
away. The U.S. Government sector can and does vary on this. And again
all this depends on the person wearing the black robe. I have heard a
judge in open court state - "If you do not like my ruling then appeal".
In this case the judge had ruled against what appeared to be case law in
favor of the plaintiff. There just is no sure thing so all we can do is
cover our ass(ets). A case could be won on appellate, if the employee
wins lower court, but then trial costs skyrocket. With a good signed
policy an attorney would probably never take an employee case to begin
with. So long story short, my comment was based on no signed company
policy on email monitoring which I feel is the norm for many companies.

Greg Kane

-----Original Message-----
From: Mike Moore [mailto:mike () moorecomputing net] 
Sent: Thursday, April 10, 2003 10:17 PM
To: security-basics () securityfocus com
Subject: RE: Internet E-mail monitoring/approval

Actually that's not true for a business.

 http://www.cli.org/emailpolicy/ECPA.html
 http://www.jacksonlewis.com/publications/articles/20010923/default.cfm
 http://cyber.findlaw.com/privacy/workplace.html
 http://www.loundy.com/CASES/Bourke_v_Nissan.html



> -----Original Message-----
> From: Gregory.Kane () hood-ctsfmail army mil 
> [mailto:Gregory.Kane () hood-ctsfmail army mil] 
> Sent: Thursday, April 10, 2003 12:16 PM
> To: tfrederick () ascentek com; security-basics () securityfocus com
> Subject: re: Internet E-mail monitoring/approval
>
>
> Ted
>
> The best answer is to get a good attorney and a court order 
> for anywhere in the United States, or lots of money for the 
> law suit. The Privacy Act has you on this one. Email is 
> considered the same as personal snail mail and cannot be 
> opened without a court order and it must be from a federal court.
>
> Greg Kane
>
>
> Greg Kane M.S., GSEC, VAT
> SAIC
> CTSF-TD-IA
> Assistant Information Assurance Manager
> Trl- 4G
> (254) 532-8321 X-2032
> Cell 254-865-4934
> gregory.kane () hood-ctsfmail army mil
>
>
>
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